The following general regulations in this article apply to this
chapter.
[Amended 11-17-2014; 4-23-2018 by Ord. No. 2018-44; 12-4-2023 by Ord. No. 2023-127]
A.
Purpose. The City of Westbrook provides these accessory dwelling
unit (ADU) regulations to increase the supply of affordable housing,
encourage provision of housing that meets the needs of a variety of
household types, encourage infill development that is compatible in
scale and character with existing residential uses, and to encourage
infill development that makes better use of existing public investment
in streets and utilities.
B.
Applicability. An accessory dwelling unit (ADU) is permitted as an
accessory use to a new or existing single-family dwelling unit.
C.
Authority. Permitting and enforcement is conducted through the Code
Enforcement Office.
D.
Permit required. A building permit and a certificate of occupancy
are required for the construction or formation of an ADU.
E.
Standards.
(1)
An ADU can be constructed:
(a)
Within a principal structure on the lot; or
(b)
Attached to or sharing a wall with principal structure; or
[1]
For the purpose of ADUs, "attached" means either connected by
a shared wall to the principal structure or an enclosed habitable
(as defined by the building codes) space.
(c)
As a new detached structure on the lot for the primary purpose
of creating an ADU; or in an existing accessory structure, that is
compliant with all building codes for human habitation and meets the
district setback standards.
(2)
For an ADU within or attached to the principal structure, the
ADU and the principal structure may be served by a common utility
meter.
(3)
A detached ADU shall share the access drive of the principal
structure.
(4)
No more than one ADU is permitted on a lot.
(5)
The owner of the principal structure must reside in either the
principal dwelling unit or the ADU. This restriction shall be included
in the certificate of occupancy. The ADU shall not be intended for
sale and shall remain in common ownership with the principal dwelling
unit (single-family dwelling).
(6)
No additional off-street parking is required for the ADU beyond
the requirement of the single-family dwelling unit.
(7)
The ADU shall contain a maximum of 800 square feet of habitable
(as defined by the building codes) floor area. The floor-to-ceiling
height of all habitable floor area shall be a minimum of seven feet.
Minimum size of an ADU is 190 square feet.
(8)
Any new construction for an ADU must meet all applicable setbacks,
lot coverage, and building height requirements.
(9)
All ADUs shall be constructed on permanent foundations that
meet applicable building codes.
(10)
Utility connections. ADUs must be connected to adequate water
and wastewater services.
(a)
Owner of the ADU must provide written verification that the
unit can be connected to adequate potable water and wastewater services.
(b)
For potable water: The owner of the ADU must provide proof of
access to potable water for a well or approval to connect to a public
water source must be provided. For wells, testing may be required
to demonstrate water supply is potable and acceptable for domestic
use. If the lot is served by public water, both the single-family
home and the ADU must be connected to public water.
(c)
For wastewater:
[1]
If on septic, the septic system on the property
in question shall be functioning properly at the time of application
for building permit approval.
[2]
If on public sewer, the owner must provide proof
of access into the public system, additional flow approved and fees
paid, as required, by the Wastewater Department. If the lot is served
by public sewer, both the single-family home and the ADU must be connected
to public sewer.
(11)
If a short-term rental ordinance is adopted by the City, ADUs
will be subject to that ordinance.
[Added 6-4-2018 by Ord.
No. 2018-72]
A.
Definitions. For purposes of this section, adult-use/retail marijuana establishments, including but not limited to adult-use/retail marijuana stores, adult-use/retail marijuana cultivation facilities, adult-use/retail marijuana products manufacturing facilities, and adult-use/retail marijuana testing facilities, and adult-use/retail marijuana social clubs are defined in § 335-1.8 of this chapter.
B.
Prohibition on adult-use/retail marijuana establishments and adult-use/retail
marijuana social clubs.
(1)
Adult-use/retail marijuana establishments, including adult-use/retail
marijuana stores, adult-use/retail marijuana cultivation facilities,
adult-use/retail marijuana products manufacturing facilities, and
adult-use/retail marijuana testing facilities, and adult-use/retail
marijuana social clubs are expressly prohibited in the City of Westbrook
as either a principal or an accessory use.
(2)
No person or organization shall develop or operate a business
in the City of Westbrook that engages in retail or wholesale sales
of an adult-use/retail marijuana product, as defined by this chapter,
as either a principal or an accessory use.
(3)
Nothing in this section is intended to prohibit any lawful use,
possession or conduct pursuant to the Maine Medical Use of Marijuana
Act, 22 M.R.S.A. Chapter 558-C.
C.
Effective date; duration. This section shall take effect immediately
upon enactment by the municipal legislative body unless otherwise
provided and shall remain in effect until it is amended or repealed.
[Added 3-18-2019 by Ord.
No. 2019-40]
A.
Only
products produced at the facility or products that are incidental
to those produced at the facility may be sold for on-site consumption.
B.
Life
safety measures (including but not limited to sprinklers, smoke alarms,
etc.) may be required at the discretion of the Fire & Rescue Department
depending on size or condition of the structure containing the use.
[Amended 1-5-2015]
Automobile dealerships are a permitted use in the Gateway Commercial
District north of the Westbrook arterial.
[Added 3-18-2019 by Ord.
No. 2019-41]
A.
The premises
shall be kept in a clean and sanitary manner by the daily removal
of waste and by the use of spray and disinfectants to prevent the
accumulation of flies, the spread of disease or offensive odor.
B.
Temporary
storage containers for any kennel wastes containing or including animal
excrement shall be kept tightly covered at all times. Such containers
shall be made of steel or plastic to facilitate cleaning.
C.
Animal
odors shall not be detectable beyond the lot lines of the property
wherein the kennel is located.
D.
Dust
and drainage from the kennel enclosure shall not create a nuisance
or a hazard to adjoining property or uses.
E.
All outdoor
areas accessible to the boarded animals shall be screened with a stockade
or similar-style privacy fence. Such fence must be a minimum of six
feet in height.
F.
Grooming
services for the animals being boarded may be allowed as an incidental
use, provided the grooming services are conducted indoors and the
grooming area is limited to 500 square feet in area.
G.
No more
than 20 animals may be kept on the premises on an overnight basis.
In no instance shall the overnight boarding of an animal exceed 21
consecutive nights.
[Amended 4-6-2015]
A.
Bottle clubs are allowed as a permitted use in the Industrial Park
District where it exists south of the Presumpscot River and along
Warren Avenue. No bottle club shall be located within 300 feet of
any residence, public or private school, school dormitory, church
or parish house in existence at the time that the bottle club license
application is submitted. For purposes of this section, the distance
shall be measured from the main entrance of the residence, school,
school dormitory, church or parish house by the ordinary course of
travel.
B.
The bottle club premises shall be closed and vacated by members and
guests each day from 1:00 a.m. to 9:00 a.m. During the hours that
the bottle club must remain closed, no member, guests or other persons
may be on, or remain in, the premises, except for regular employees
of the bottle club. The drinking of alcoholic beverages on the bottle
club premises during such hours is prohibited.
[Amended 4-23-2018 by Ord. No. 2018-44; 3-18-2019 by Ord. No. 2019-45]
The clustering of housing subdivisions is permitted in all districts where residential housing is permitted. As part of the clustering design, the Planning Board is permitted to reduce minimum lot frontage, minimum yard depths and lot sizes. The Board may provide for zero lot lines where the units being created within the project are to be attached, provided that multiple-family units are permitted in that district. While internal setbacks may be reduced, the setbacks for the zoning district must be maintained from abutting property owners. The reduction of setback requirements shall be part of the subdivision or site plan review process before the Planning Board. Maximum residential density factors provided for each residential zone, as well as all other performance standards, must be adhered to. All other applicable requirements of the subdivision and site plan review processes in Article XIII shall be followed.
Congregate care facilities shall meet the following requirements:
A.
Age. All facilities shall house persons of 55 years of age or older
or in accordance with one of the following exceptions:
B.
Typical dwelling unit. The typical dwelling unit in a congregate
care facility shall have a minimum habitable space of 500 square feet.
C.
Residential density factor. A congregate care facility shall have
a density factor of at least one dwelling unit per 5,000 square feet.
D.
Shared dining services. The facility shall have a central dining
facility for all residents, providing at least one meal per day per
person.
E.
Personal care and housekeeping. Limited personal care and assistance
as well as housekeeping services may be made available to all residents
upon request.
F.
Medical services. Specialized shared services related to medical
support and physical therapy shall be made available to all residents.
At least one registered or licensed nurse shall be available 24 hours
per day.
G.
Parking. One and one-fourth spaces shall be provided for each dwelling
unit.
H.
Services and shops. Any service and retail shops shall be designed
as an integral part at the building. Such facilities shall be designed
for use by the residents and not to serve those living outside the
facility.
I.
Recreation areas. A recreation plan, incorporating indoor and outdoor
activities, shall be included as part of the congregate care facility.
Such a plan shall include both passive and active recreation and may
be incorporated into any open space or landscape factor.
Nothing in this chapter precludes the subdivision of buildings
into units, either attached or detached, on a single lot, provided
that the performance standards of the zone are met and that the application
receives subdivision and/or site plan review. An applicant must submit
to the Westbrook Planning Board for approval all legal documents related
to unit associations, ownership in common and appropriate bylaws,
deeds and covenants. The applicant shall record all such documents,
along with the subdivision and/or site plan, in the Registry of Deeds.[1]
[1]
Editor's Note: Original § 202.4, which immediately
followed this section, was repealed 11-17-2014.
Height restrictions do not apply to chimneys, air-conditioning
systems, skylights, and other necessary appendages to a permitted
use which are usually constructed above the roofline, except that
their height is restricted to 10 feet above the roofline.
Industry engaged in the extraction of soil, topsoil, loam, sand,
gravel, clay, rock, peat, or other like material from its natural
location and the transport of the product away from the site of extraction
must meet the following requirements:
A.
Topsoil, rock, sand, gravel and similar earth materials may be removed
from locations where permitted under the terms of this chapter only
after a special permit for such operations has been issued by the
Building Inspector upon approval by the Planning Board and review
of plans by the Planning Board in accordance with the provisions of
this chapter, and provided that:
(1)
Specific plans are established to avoid hazards from excessive
slopes or standing water. Where an embankment must be left upon the
completion of operations, it shall be at a slope of not steeper than
one foot vertical to two feet horizontal.
(2)
The operation is shielded from surrounding property with adequate
screening and creates no disturbance of a water source, and when terminated
shall not detract from the appearance or value of nearby property.
(3)
No excavation shall be extended below the grade of adjacent
streets unless 100 feet from the street line or unless provision has
been made for reconstruction of the street at a different level, and
the edge of all workings shall be set back from the property line
a minimum of 100 feet.
(4)
Sufficient topsoil or loam shall be retained to cover all areas,
so that they may be seeded and restored to natural conditions.
(5)
A surety bond is posted with the Treasurer of the City by the
applicant in an amount recommended by the City Engineer and approved
by the Planning Board as sufficient to guarantee conformity with the
provisions of the grant of approval.
B.
The plan review by the Planning Board shall take into consideration
the following items. The Board may impose such conditions as necessary
to safeguard the health, safety and welfare of the community.
(1)
Fencing, landscaped buffer strips, public safety.
(2)
Advertising signs, lighting.
(3)
Parking space, loading and unloading areas.
(4)
Entrances and exits.
(5)
Time period for operation.
(6)
Hours of operation.
(7)
Methods of operation.
(8)
Weight and loading limit of trucks.
(9)
Sand and gravel spillage upon public streets.
(10)
Rehabilitation proposals.
(11)
Ecological and other natural considerations.
C.
Blasting must be conducted in compliance with the requirements of
38 M.R.S.A. § 490-Z(14).
[Added 4-5-2010; amended
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The construction of no more than one principal building on a
flag lot, as defined herein, is permitted, subject to the following:
A.
Such lot, exclusive of the minimum fifty-foot-wide access strip,
shall have at least the minimum lot area required for the zoning district
in which it is located.
B.
A building shall not be so located on the property as to preclude
future dedication and/or construction of a street according to City
specifications as set forth in the Code of the City of Westbrook to
service the subject flag lot, abutting parcels and other nearby inaccessible
parcels.
C.
No additional development shall be allowed on the subject flag lot
until a street or public way is constructed to specifications as provided
in the Westbrook Land Use Ordinances to meet the street frontage requirements
of that zoning district.
D.
Any construction shall meet the performance standards of the underlying
zoning district. Setbacks shall be measured from the edge of the buildable
area of the lot.
E.
All flag lots must have a minimum width of 50 feet on a public street.
The fifty-foot-wide-minimum access strip must be maintained the entire
depth of the lot and no structure may be constructed within the access
strip. No variance shall be granted from this requirement.
F.
The Code Enforcement Officer may approve a shared driveway with an abutting lot with frontage on the same public street as the flag lot. Lots with shared driveways must separately meet the fifty-foot width requirement established in Subsection E of this section, and approval of a shared driveway shall not constitute a waiver of this requirement. An applicant for a flag lot who seeks approval of a shared driveway shall show evidence of a permanent easement creating the shared driveway.
[Amended 1-8-2007; 4-5-2010; 11-17-2014; 9-14-2015]
For zoning districts in which a conditional use review is not
required, the Code Enforcement Officer must approve all applications
for home day care providers and day-care centers, as defined in this
chapter. Code Enforcement Officer approval is also required whenever
a home day-care provider, day-care center or child-care center expands
its enrollment beyond the enrollment number for which it was approved.
In addition to the zoning district, conditional use and/or site plan
review criteria, the following additional criteria shall be used:
A.
A minimum of 50 square feet of dedicated outdoor play area shall
be required for each child, and such play area shall not be located
in the front yard facing a public right-of-way;
B.
All play areas shall be enclosed by a minimum of four-foot fencing;
C.
When a facility is located in a two-family dwelling, then at least
an equal amount of outdoor play area shall be maintained for the second
unit, also not located in the front yard facing a public right-of-way;
D.
One off-street parking space shall be provided for each employee
or volunteer, and one off-street parking space for every six children
shall be provided;
E.
The parking area shall be in a safe location, shall include an area
for snow storage, and shall permit the parent to move directly to
the entrance for the loading and unloading of children without affecting
the movement of other vehicles;
F.
The proposed facility shall not burden on-site septic or off-site
waste disposal;
G.
There shall be toilet facilities on every floor of the facility.
Where the facility is a home day-care provider separate toilet facilities
shall be provided for the residential and facility uses;
H.
All facilities shall demonstrate that they meet the requirements
for licensing by the state and shall provide proof of state licensure
prior to issuance of a certificate of occupancy and shall meet all
sanitary, plumbing code, fire code, and building code requirements,
as identified by the Code Enforcement Officer;
I.
Based on location, area traffic, and neighboring uses, the Code Enforcement
Officer or Planning Board may set the hours of operation; and
J.
If the operator of the facility is not the owner of the property
on which the facility will be located, the operator shall provide
evidence of the property owner's consent to the facility. The operator
shall also provide proof of interest in the property, such as a deed
or lease.
When a lot is situated partially in the City and partially in
another municipality, this chapter must be applied to the part of
the lot in Westbrook without regard to the spatial impact of the municipal
boundary.
Where this chapter requires a land surveyor, he/she must be
licensed in accordance with Maine law.
[Amended 9-12-2022 by Ord. No. 2022-105]
When a lot is bisected by a Zoning District boundary, the following
regulations apply:
A.
The performance standards of the zoning district in which the larger
portion of the lot lies, to be known as the "primary district," shall
apply.
B.
Land in both zones may be used in determining the maximum footprint
factor, maximum gross density factor, and landscape factor.
C.
Land
uses permitted only in the primary district may not extend more than
30 feet into the adjacent zoning district.
Before manufactured housing may be located on an individual
lot outside of a manufactured housing park, it must have a conventional
pitched roof consistent with the surrounding neighborhood, a permanent
foundation, and exterior siding that is consistent with the appearance
of dwelling units in the neighborhood. The construction must be in
conformance with all applicable state and local codes.
[Added 2-5-2018 by Ord.
No. 2018-07]
A.
State authorization required. Before submission of a conditional
use application for a medical marijuana dispensary or a medical marijuana
caregiver cultivation facility, the applicant must demonstrate his
or her authorization to cultivate, process and store medical marijuana
pursuant to the Maine Medical Use of Marijuana Program.
B.
Location criteria/buffer zones.
(1)
No medical marijuana dispensary or medical marijuana caregiver
cultivation facility shall be closer than 500 linear feet, measured
in a straight line from the dispensary or facility building entrance,
to the nearest point on the boundary of any property which is occupied
by any of the following sensitive uses:
(a)
A licensed child day-care facility.
(b)
A church, synagogue or other house of religious worship.
(c)
A public or private school; public library.
(d)
A lot zoned residential or used as a residence.
(e)
An athletic field, park, playground or recreational facility.
(f)
Any juvenile or adult halfway house, correctional facility,
or substance abuse rehabilitation or treatment center.
(2)
The City will only verify distance of the proposed premises from existing uses listed in Subsection B(1)(a) through (f) above. A medical marijuana dispensary or medical marijuana caregiver cultivation facility may continue to operate in its present location as a preexisting use if a sensitive use listed in Subsection B(1)(a) through (f) above later locates within the applicable buffer zone; however, the medical marijuana dispensary or medical marijuana caregiver cultivation facility does so at its own risk, and City-issued licenses, permits or approvals provide no protection or indemnification against enforcement of federal or other applicable laws that may prohibit operation of a medical marijuana dispensary or medical marijuana caregiver cultivation facility near a sensitive use listed in Subsection B(1)(a) through (f) above.
C.
Signage. No signs containing the word "marijuana," or a graphic/image
of any portion of a marijuana plant or otherwise identifying medical
marijuana shall be erected, posted or in any way displayed on the
outside of a medical marijuana dispensary or a medical marijuana caregiver
cultivation facility. This regulation shall not apply to:
D.
Hours of operation. A medical marijuana dispensary or medical marijuana
caregiver cultivation facility may be open to the public for business
only between the hours of 8:00 a.m. and 8:00 p.m., locally prevailing
time. If other hours of operation apply in state law or local ordinance,
the more restrictive hours shall control.
E.
Security requirements.
(1)
All security recordings shall be preserved for at least 30 days
by the medical marijuana dispensary or medical marijuana caregiver
cultivation facility. The medical marijuana dispensary or medical
marijuana caregiver cultivation facility shall provide the Police
Chief or their designee with the name and functioning telephone number
of a twenty-four-hour on-call staff person to whom the City may provide
notice of any operating problems associated with the medical marijuana
dispensary or medical marijuana caregiver cultivation facility.
(2)
No approval for a medical marijuana dispensary shall be granted
by the Planning Board until the Police Chief or their designee has
made a positive recommendation on the applicant's proposed security
measures, which must be in compliance with state requirements. Security
measures at a medical marijuana dispensary shall include, at a minimum,
the following:
(a)
Security surveillance cameras installed and operating 24 hours
a day, seven days a week, to monitor all entrances, along with the
interior and exterior of the premises, to discourage and facilitate
the reporting of criminal acts and nuisance activities occurring at
the premises;
(b)
Door and window intrusion robbery and burglary alarm systems
with audible and Police Department notification components that are
professionally monitored and maintained in good working condition;
(c)
A locking safe permanently affixed to the premises that is suitable
for storage of any cash stored overnight on the licensed premises;
(d)
Exterior lighting that illuminates the exterior walls of the
licensed premises and complies with applicable provisions of the Code
of the City of Westbrook; and
(e)
Deadbolt locks on all exterior doors and locks or bars on any
other access points (e.g., windows).
F.
Performance standards for medical marijuana dispensary and medical
marijuana caregiver cultivation facility.
(1)
Visibility of activities.
(a)
All activities, including, without limitation, cultivating,
growing, processing, displaying, selling and storage, shall be conducted
indoors. A medical marijuana dispensary or medical marijuana caregiver
cultivation facility is not permitted to have outdoor sales or services
of any kind.
(b)
Under no circumstances shall activities related to the cultivation,
production, processing, distribution, storage, display, or sales of
marijuana and marijuana-infused products be visible from the exterior
of the business.
(2)
Odor/emissions management.
(a)
The odor of marijuana must not be perceptible at the exterior
of the building at the premises or at any adjoining boundary to the
property.
(b)
The use must implement appropriate ventilation and filtration
systems to satisfy the odor standard contained herein. This can be
achieved through technologies such as but not limited to air scrubbers
and charcoal filtration systems.
(c)
Sufficient measures and means of preventing smoke, debris, dust,
fluids and other substances from exiting a medical marijuana dispensary
or caregiver cultivation facility must be provided at all times.
(3)
Disposal plan.
(a)
The use shall have in place an operational plan for proper disposal
of marijuana and related by-products in a safe, sanitary and secure
manner and in accordance with all applicable federal, state and local
laws and regulations.
(b)
Dumpsters and trash containers must not be overflowing, and
the surrounding area must be kept free of litter and trash.
(c)
All dumpsters and containers shall be screened from public view.
(d)
All trash receptacles on the premises used to discard marijuana
products must have a metal cover or lid that is locked at all times
when the receptacle is unattended, and security cameras must be installed
to record activities in the area of such trash receptacles.
(4)
Life safety. Life safety measures (including but not limited
to sprinklers, smoke alarms, etc.) may be required at the discretion
of the Fire & Rescue Department depending on size or condition
of the structure containing the use, and if there are mixed uses within
the structure.
(5)
Power needs. An ability to serve (or authorization from the
electric power company providing service to the use) needs to be provided
in the application packet which states that the power needed for the
use can be delivered to the property by the electric power company,
which may involve a review of the power delivery system.
(7)
Enclosed, locked facility. Any cultivation, manufacturing or
testing of marijuana shall take place in an enclosed, locked facility.
"Enclosed, locked facility" means a closet, room, building, greenhouse
or other enclosed area that is equipped with locks or other security
devices that permit access only by the individual authorized to cultivate,
manufacture or test the marijuana.
H.
Limitation on number of medical marijuana dispensaries. Only one
medical marijuana dispensary shall be allowed in the City of Westbrook.
I.
Pesticides. If a medical marijuana caregiver cultivator plans to
use any pesticides (including all conventional, organic, or "natural"
insecticides, rodenticides, weed killers, fungicides, rooting hormones
or other plant hormones), evidence of a pesticide applicator's license
from the Maine Board of Pesticides Control must be provided to the
Code Enforcement Officer.
J.
Other laws remain applicable. A medical marijuana dispensary or caregiver
cultivation facility shall meet all operating and other requirements
of state and local law and regulation. To the extent the State of
Maine has adopted or adopts in the future any stricter law or regulation
governing a medical marijuana dispensary or caregiver cultivation
facility, the stricter law or regulation shall control.
In addition to the performance standards of Article IV, the following standards are required to be met in granting a conditional use for a multiple-family structure:
A.
Entryways shall be located and consolidated in such a manner so as
not to impact surrounding residential properties. One driveway access
point shall be used unless, for safety reasons, multiple points of
entry are deemed necessary.
B.
No deck, entryway, patio area, or recreational area for a multiple-family
structure shall be within eight feet of a single-family structure
property line.
C.
Where adjacent to existing residential structures, there shall be
no exterior stairs, decks, or porches above the second story of the
structure.
D.
When adjacent to existing single-family structures, all parking,
exterior storage and recreation areas shall be screened.
E.
No exterior lighting from the multiple-family structure shall extend
across the property line into an adjacent neighbor's yard.
When addressing odor impact relative to zoning district restrictions,
odor measurement will be described as the "odor threshold." "Odor
threshold" may be described as the concentration in air of a gas or
vapor which will evoke a response in the human olfactory system.
[1]
Editor's Note: Former § 335-2.23, One unit, one
household, was repealed 9-12-2022 by Ord. No. 2022-105.
A structure may not be constructed or used, and land may not
be used or divided, except in accordance with this chapter. All other
construction, use or division of land or buildings is expressly prohibited
except that which is already lawfully existing at the time this chapter
is enacted.
A.
Where permission to exercise a use requires a conditional use as
well as site plan or subdivision review, the applicant may receive
review from the Planning Board for the conditional use at the same
time as the application is reviewed for subdivision or site plan approval,
unless specifically stated otherwise in this chapter.
B.
Where permission to exercise a use requires a variance as well as
site plan or subdivision review, the applicant must receive approval
from the Zoning Board of Appeals for the variance before application
is made for subdivision or site plan approval, unless specifically
stated otherwise in this chapter.
[Amended 9-11-2017 by Ord. No. 2017-110]
In all zoning districts in the City of Westbrook, if a use is
not expressly enumerated herein as either a permitted use or a conditional
use, said use is prohibited.
The following provisions apply in all districts:
A.
Road construction standards. Street construction as required by this chapter must meet the standards stated in § 335-13.3G.
All documents and records required by this chapter are public
records, according to state statute.
[Added 3-6-2023 by Ord. No. 2023-27]
B.
A Restaurant Class 3 use shall not be permitted within 300 feet of
any RGA 1 district line or a public school in existence at the time
that the Restaurant Class 3 license application is submitted. For
purposes of this section, the distance shall be measured from any
portion of the Restaurant Class 3 use, inclusive of all indoor/outdoor
areas where alcohol is either sold or consumed, to the parcel line
where an above named use exists or the RGA 1 district line.
C.
The Restaurant Class 3 premises shall be closed to operations each
day from 1:00 a.m. to 9:00 a.m. The drinking of alcoholic beverages
on the Restaurant Class 3 premises during such hours is prohibited.
[Amended 12-13-2005; 11-17-2014; 11-4-2019 by Ord. No. 2019-172]
The regulations pertaining to buildings apply also to all other
structures except where the application would be unreasonable, as
determined by the Code Enforcement Officer. However, a structure of
140 square feet or less must be set back at least five feet from the
nearest lot line. All structures require a building permit.
[Added 8-2-2021 by Order
No. 2021-73]
A.
Purpose.
(1)
Solar energy is a renewable and nonpolluting energy resource
that can prevent fossil fuel emissions and reduce energy load.
(2)
The use of solar energy equipment for the purpose of providing
electricity and energy for heating and/or cooling is a priority and
is a necessary component of the City's current and long-term sustainability
agenda.
(3)
Energy generated from a solar energy system can be used to offset
energy demand on the grid where excess solar power is generated.
(4)
The standards that follow enable the accommodation of a solar
energy system and equipment in a safe manner with minimal impacts
on the quiet enjoyment of property.
B.
Applicability.
(1)
A commercial or residential solar energy system shall be required
to obtain all applicable permits, including, but not limited to, site
plan approval, building and electrical permits.
(2)
A solar energy system shall be reviewed and approved in accordance with the standards of § 335-13.5, Site plan review. In determining applicability of site plan review:
(3)
Routine maintenance or like kind replacement that do not materially
alter the solar energy system do not require a permit.
C.
General provisions.
(1)
All utility connections shall be underground from the property
line.
(2)
If a solar energy system ceases to perform the originally intended
function for more than 12 consecutive months, the property owner shall
remove the collectors, mounts, and associated equipment by no later
than 90 days after the end of the twelve-month period. Removal includes
stabilization or revegetation of the site necessary to prevent erosion.
(3)
A solar energy system shall be situated to eliminate concentrate
glare onto nearby structures or roadways.
(4)
Applications for a commercial SES shall include authorization
from Central Maine Power to accept the energy produced into their
distribution system.
D.
Building-mounted solar energy system.
(1)
Building-mounted SES shall be subject to the setbacks specified within the underlying zoning district, except that structures that are nonconforming, as to setbacks, must comply with Subsection D(2).
(2)
Solar panels shall not extend beyond any portion of the roof
edge.
(3)
Building-mounted SES shall not be considered part of the roof surface, but rather an appendage similar to an antenna or chimney, and shall follow the height limitations established in § 335-2.11.
(4)
The property owner shall provide evidence certified by an appropriately
licensed professional that the roof is capable of holding the load
of the SES.
E.
Ground-mounted solar energy system.
(1)
Solar energy system, residential (RSES).
(a)
The solar energy system shall comply with all setbacks of the
underlying zoning district.
(b)
Lot coverage. Final ground treatment and site layout shall be
taken into consideration in determining lot coverage.
(c)
An RSES may not cause an adverse impact on an abutting property
which may result from drainage, erosion, glare, or other physical
features of the RSES. Final ground treatment and erosion/sedimentation
control shall be demonstrated on a drainage plan required as part
of the application submission.
(2)
Solar energy system, commercial (CSES).
(a)
General provisions.
[1]
CSES is prohibited in deer wintering yards as identified
by Maine IF&W.
[2]
In the Rural District, wetland impacts cannot exceed
the maximum amounts allowed by a Maine Department of Environmental
Protection permit by rule.
[3]
In the Rural District, a CSES shall create a pollinator
friendly habitat with meadow native grasses, where feasible, within
the solar complex.
[4]
The applicant must provide a letter from Maine
Inland Fisheries and Wildlife as to whether any significant wildlife
habitats are located on the site.
[5]
The applicant must provide a letter from Maine
Natural Areas Program as to whether any high-value plant habitat is
located on the site.
(b)
Dimensional standards.
[1]
Setbacks.
[a]
Front: in addition to the setbacks of the underlying
zoning district, ground-mounted CSES shall be set back a minimum of
60 feet from the following rights-of-way: Brook Street, Bridge Street,
Bridgton Road, Cumberland Street, Duck Pond Road, East Bridge Street,
Landing Road, Methodist Road, Pride Street, Saco Street, Spring Street
and Stroudwater Street.
[b]
Side and rear: as required in the underlying zoning
district.
[2]
Maximum height: 20 feet above ground as measured
from the base of the support.
[3]
Lot coverage. Final ground treatment and site layout
shall be taken into consideration in determining lot coverage.
[4]
A CSES may not cause an adverse impact on an abutting
property. Final ground treatment and erosion/sedimentation control
(best management practices) shall be shown on a drainage plan required
as part of the application submission.
(c)
Screening and security.
[1]
Ground-mounted CSES shall be adequately screened
from adjacent properties, as determined by the reviewing authority.
[2]
Ground-mounted CSES shall be completely enclosed
by fencing with a locking gate with access provided to Public Safety.
[3]
A sign shall be placed on ground-mounted CSES to
identify the owner and provide a twenty-four-hour emergency contact
phone number. Such sign shall be attached to the security fence, be
no larger than four square feet and shall not count toward the operation's
total signage allotment.
(3)
Solar energy system, accessory commercial (ACSES).
(a)
Ground-mounted ACSES shall be placed behind the principal structure.
(b)
The solar energy system shall comply with all setbacks of the
underlying zoning district.
(c)
Maximum height: 20 feet above ground as measured from the base
of the support.
(d)
Lot coverage. Final ground treatment and site layout shall be
taken into consideration in determining lot coverage.
(e)
An ACSES may not cause an adverse impact on an abutting property.
Final ground treatment and erosion/sedimentation control shall be
demonstrated on a drainage plan required as part of the application
submission.
[Added 3-3-2014]
A.
Telecommunications facilities. Telecommunications facilities shall
meet the following requirements:
(1)
General review requirements. All proposals for the addition
of telecommunications facilities to existing towers, or alternative
structures, shall seek building permit approval from the Code Enforcement
Officer upon satisfactory completion of the requirements of this section.
(2)
Height. No part of the telecommunications facility shall be more than 10 feet above the height of the existing structure to which it is attached, and in no case shall it exceed the maximum height for the applicable zoning district. For telecommunications facilities co-locating on existing telecommunications towers, standards in Subsection B(15) shall apply.
(3)
Aesthetics. Unless otherwise required by the FAA, FCC, or other
federal or state authority, telecommunications facilities shall be
placed and designed in such a way as to minimize visual impact from
public rights-of-way and abutting residential uses. Telecommunications
facilities may not be ground-mounted. Telecommunications facilities
may be flush-mounted to an exterior building wall or located on top
of buildings and must be set back from the roofline at least the height
of the telecommunications facility.
(4)
Structural. To ensure the structural integrity of telecommunications
facilities, they shall be designed, constructed, and maintained in
conformance with applicable federal, state, and local building, electrical
and safety codes and designed and installed in accordance with the
current standards of the Electronic Industries Association (EIA) Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures.
B.
Telecommunications towers. Telecommunications towers shall meet the
following requirements:
(1)
General review requirements. All proposals for the construction
and expansion of telecommunications towers shall first receive site
plan approval. In addition to the standards of site plan review, all
such proposals shall be in conformance with this chapter. Proposals
for co-location of a telecommunications facility on an existing telecommunications
tower which do not result in the expansion of existing towers shall
receive approval from the Code Enforcement Officer under the special
provisions for telecommunications facilities.
(2)
Design for co-location. Telecommunications towers and related
equipment shall be designed and constructed to accommodate future
co-location of at least two additional telecommunications antennas
or providers.
(3)
Height. Notwithstanding any other height limits established
by this chapter, the following height limitations are applicable to
telecommunications towers. No telecommunications tower shall exceed
225 feet in height, measured from the tower base to the highest point
of the tower and any attached receiving or transmitting device. Towers
may not exceed 100 feet if located within 500 feet of a dwelling unit.
(4)
Setbacks. The tower shall maintain a minimum setback distance
between abutting properties and the base of the tower equal to 120%
of the tower's total height, including any attached transmitting or
receiving devices, unless the applicant can demonstrate that the design
of the tower will ensure that in a collapse, the tower will drop vertically
into the ground. In no case shall the minimum setback distance from
the property line to the base of the tower be less than 100% of the
tower's total height, including any attached transmitting or receiving
devices. Accessory structures and guy-wire anchors shall meet the
minimum setback of the zoning district in which the tower is located.
Any tower shall be set back from other on- and off-site towers and
supporting structures so that one tower will not strike another in
case of collapse.
(5)
Structural. To ensure the structural integrity of towers, the
owner shall ensure that the construction of a new tower or any alteration
of a tower, including the addition of antennas or other attachment,
is designed, constructed, and maintained in conformance with applicable
federal, state, and local building, electrical and safety codes and
designed and installed in accordance with the current standards of
the Electronic Industries Association (EIA) Structural Standards for
Steel Antenna Towers and Antenna Supporting Structures.
(6)
Aesthetics. Unless otherwise required by the FAA, FCC, or other
federal or state authority, telecommunications towers shall have a
galvanized finish.
(7)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA, FCC, or other federal or state authority. If lighting
is required, the Planning Board may review the available lighting
alternatives and approve the design that would cause the least disturbance
to the surrounding properties and views. Light from artificial sources
shall be focused down and may not trespass beyond the lot lines.
(8)
Advertising. No advertising or signage is permitted on telecommunications
towers, except for safety or other signage required by the FCC.
(9)
Fencing. A security fence or wall not less than eight feet in
height from the finished grade shall be provided around the tower.
Access to the tower shall be through a locked gate.
(10)
Landscape and buffering. All existing on-site vegetation shall
be preserved to the maximum extent practicable. Evergreen trees shall
be maintained where a tower exceeds 100 feet in height. Landscaping
shall be added so as to minimize views from public ways and abutting
dwelling units.
(11)
Vehicle access. Circulation and vehicle access shall be provided.
Road access shall be the minimum size necessary to allow safe access.
(12)
Parking. Two parking spaces and one additional space for each
tower on-site personnel shall be provided.
(13)
Technical assistance. The Planning Board may obtain or require
the applicant to obtain the services of professional engineers licensed
in the State of Maine and other consultants to review and inspect
the applicant's proposal, or any portion thereof. Such services are
permitted to include, but not be limited to, engineering and technical
review, planning review, environmental assessment review, soils review,
mechanical and structural engineering review, and the investigation
of possible alternative tower systems, designs and/or locations. The
costs of said services shall be borne by the applicant.
(14)
Approvals and permits. Where FAA, FCC, or other agency approval
is necessary for siting, all documentation shall be made a part of
the application.
(15)
Existing towers. All telecommunications towers legally existing at the effective date of this chapter shall be considered legal nonconforming uses and will be allowed to continue their usage as they presently exist. Notwithstanding the provisions of § 335-3.4, Nonconforming structure, existing towers may exceed their current height by up to 25%, provided that any modifications shall comply with this chapter. In no case shall the tower's modified height exceed 225 feet.
(16)
Performance guarantee. A performance bond, or other acceptable
form of guarantee, approved by the City Planner as to form and sufficiency,
to pay for the costs of removing the entire facility, if it is abandoned,
and reclaiming the site to a preconstruction condition, shall be provided.
For purposes of this section, a tower shall be deemed abandoned when
there are not telecommunications facilities in operation on the tower
for a period of greater than 90 days, unless an extension is granted
by the Code Enforcement Officer due to damage to the structure by
fire, weather or other similar cause. The amount of this performance
guarantee shall be in an amount equal to 125% of the projected total
cost of removing the entire facility and reclaiming the site to its
preconstruction condition. Should the operation of the facility cease
in the future, and the facility is dismantled and the site reclaimed
by the owner and/or operator, the performance guarantee shall be returned
to the owner and/or operator. The accepted form of surety shall be
reviewed by the City Planner every five years, and renewed or increased
when necessary.
(17)
Discontinuance of use. In the event that the use of a telecommunications
tower is discontinued, the telecommunications tower owner shall provide
written notice to the City of its intent to discontinue use and the
date when the use shall be discontinued and a plan, including time
line, for its reuse or reclamation.
C.
Exemptions.
The following are exempt from the provisions of this section:
(1)
Emergency wireless telecommunication antennas solely for emergency
communications by public officials.
(2)
Antennas on property owned, leased or otherwise controlled by the
City of Westbrook for the sole purpose of municipal use.
(3)
Amateur ham radio stations licensed by the Federal Communications
Commission.
