City of Westbrook, ME

Chapter 335

LAND USE

ARTICLE I § 335-2.20. Medical marijuana.

Introduction § 335-2.21. Multiple-family structures and
conditional uses.
§ 335-1.1. Purpose. § 335-2.22. Odor threshold.
§ 335-1.2. Construal of provisions. § 335-2.23. (Reserved)
§ 335-1.3. Citation. § 335-2.24. Only permitted uses allowed.
§ 335-1.4. Zoning Map. § 335-2.25. Order of precedence for
§ 335-1.5. Zoning amendments. conditional use or variance.
§ 335-1.6. Conditional and contract § 335-2.26. Prohibited uses.
zoning. § 335-2.27. Provisions applicable to all
§ 335-1.7. Rules of construction. zones.
§ 335-1.8. Definitions. § 335-2.28. Public records.
§ 335-2.28.1. Restaurant Class 3.
ARTICLE II § 335-2.29. Structures.
General Provisions § 335-2.29.1. Solar Energy Systems (SES).
§ 335-2.30. Telecommunications.
§ 335-2.1. Applicability.
§ 335-2.2. Accessory dwelling unit.
ARTICLE III
§ 335-2.3. Adult-use/retail marijuana. Nonconformance
§ 335-2.4. Artisan food and beverage.
§ 335-2.5. Automobile dealership. § 335-3.1. Purpose.
§ 335-2.6. Boarding kennel. § 335-3.2. General provisions.
§ 335-2.7. Bottle club. § 335-3.3. Nonconforming use.
§ 335-2.8. Clustering. § 335-3.4. Nonconforming structure.
§ 335-2.9. Congregate care facilities. § 335-3.5. Nonconforming lots.
§ 335-2.10. Dwelling unit ownership. § 335-3.6. Nonconforming lots in the
§ 335-2.11. Exceptions to height Residential Growth Area 1 or
limitations. Residential Growth Area 2
§ 335-2.12. Extractive industry. districts.
§ 335-2.13. Flag lots.
§ 335-2.14. Home day-care provider, day- ARTICLE IV
care center and child-care Conditional Uses
center.
§ 335-2.15. (Reserved) § 335-4.1. Planning Board.
§ 335-2.16. Land partially in other § 335-4.2. Special conditions.
municipalities. § 335-4.3. Time limitations of rights
§ 335-2.17. Land surveyors. granted by Planning Board.
§ 335-2.18. Lot partially in two districts. § 335-4.4. Appeal.
§ 335-2.19. Manufactured housing on § 335-4.5. Notice of conditional use
individual lots. application.

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City of Westbrook, ME

WESTBROOK CODE

ARTICLE V ARTICLE VII

Zoning Districts Overlay Districts

§ 335-5.1. City Center District. § 335-7.1. Village Review Overlay Zone.

§ 335-5.2. Residential Growth Area 1. § 335-7.2. (Reserved)
§ 335-5.3. Residential Growth Area 2. § 335-7.3. Residential Growth Area 1
§ 335-5.4. Residential Growth Area 3. Business Office Overlay Zone.
§ 335-5.5. Prides Corner Smart Growth § 335-7.4. County Road Commercial
Area. Overlay Zone.
§ 335-5.6. Rural District. § 335-7.5. Residential Growth Area 2
§ 335-5.7. Highway Services District. Service Business Overlay Zone.
§ 335-5.8. (Reserved) § 335-7.6. Retail Class 4 Overlay District.
§ 335-5.9. Gateway Commercial District. § 335-7.7. Residential Growth Area 1
Lincoln Street Overlay District.
§ 335-5.10. Industrial Park District.
§ 335-7.8. Affordable Housing
§ 335-5.11. Manufacturing District.
Development Bonus Overlay
District.
ARTICLE VI
Contract Zones
ARTICLE VIII
Shoreland Protection Zone
§ 335-6.1. Contract Zone 1, Millbrook
Estates.
§ 335-8.1. Purposes.
§ 335-6.2. Contract Zone 2, Brydon Farm.
§ 335-8.2. Authority.
§ 335-6.3. Contract Zone 3, Hannaford
§ 335-8.3. Applicability.
Brothers.
§ 335-8.4. When effective.
§ 335-6.4. Contract Zone 4, Brown Street
Contract Zone. § 335-8.5. Availability.
§ 335-6.5. Contract Zone 5, Victoria § 335-8.6. Severability.
Heights Contract Zone. § 335-8.7. Conflict with other provisions.
§ 335-6.6. Contract Zone 6, Golder § 335-8.8. Amendments.
Commons Contract Zone. § 335-8.9. Districts and Zoning Map.
§ 335-6.7. Contract Zone 7, Stroudwater § 335-8.10. Interpretation of district
Street Growth Area Contract boundaries.
Zone. § 335-8.11. Land use requirements.
§ 335-6.8. Contract Zone 8, 500 § 335-8.12. Nonconformance.
Westbrook LLC Contract § 335-8.13. Establishment of districts.
Zone.
§ 335-8.14. Table of land uses in Shoreland
§ 335-6.9. Contract Zone 9, The Elms Zone.
Contract Zone.
§ 335-8.15. Land use standards.
§ 335-6.10. Contract Zone 10, Gateway
§ 335-8.16. Administration.
West.
§ 335-8.17. Definitions.
§ 335-6.11. Contract Zone 11, 212 Brown
Street Contract Zone.
ARTICLE IX
§ 335-6.12. Contract Zone 12, Rock Row
Floodplain Management
Contract Zone.
§ 335-9.1. Purpose and establishment.

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City of Westbrook, ME

LAND USE

§ 335-9.2. Permit required. § 335-11.6. Submission of application;

§ 335-9.3. Application for permit. notice.
§ 335-9.4. Application fee and expert's fee. § 335-11.7. Request for Planning Board
§ 335-9.5. Review standards for flood review.
hazard development permit § 335-11.8. Determination of completeness.
applications. § 335-11.9. Review by City Planner and
§ 335-9.6. Development standards. City Engineer.
§ 335-9.7. Certificate of compliance. § 335-11.10. Planning Board review.
§ 335-9.8. Review of subdivision and § 335-11.11. Review standards.
development proposals. § 335-11.12. Performance guarantee.
§ 335-9.9. Appeals and variances. § 335-11.13. Other reviews.
§ 335-9.10. Enforcement; violations and
penalties. ARTICLE XII
§ 335-9.11. Validity and severability. Review of Private Ways
§ 335-9.12. Conflict with other provisions.
§ 335-9.13. Definitions. § 335-12.1. Purpose.
§ 335-9.14. Abrogation. § 335-12.2. Private way approval required.
§ 335-12.3. Submission process.
ARTICLE X § 335-12.4. Reviewing authority.
Signs § 335-12.5. Review process.
§ 335-12.6. General provisions.
§ 335-10.1. Purpose. § 335-12.7. Building permit issuance.
§ 335-10.2. Application process.
§ 335-10.3. General provisions. ARTICLE XIII
§ 335-10.4. Signs in Residential Growth Subdivision and Site Plan Review
Area 1, Residential Growth
Area 2, Residential Growth § 335-13.1. Subdivision and site plan
Area 3 and Rural Districts. review process.
§ 335-10.5. Signs in Highway Services § 335-13.2. Waiver provisions.
District, Gateway Commercial § 335-13.3. Subdivision review.
District, Industrial Park § 335-13.4. (Reserved)
District, Manufacturing District
§ 335-13.5. Site plan review.
and Prides Corner Smart
Growth Area. § 335-13.6. Site plan review design and
performance standards.
§ 335-10.6. Signs in City Center District.
§ 335-13.7. Site plan design and
performance standards in
ARTICLE XI Gateway Commercial District
Paper Street Development adjacent to specific residential
zones.
§ 335-11.1. Review and permit required.
§ 335-13.8. Findings of fact and conclusions
§ 335-11.2. Application. for site plan approval.
§ 335-11.3. Application fee.
§ 335-11.4. Other costs.
§ 335-11.5. Preapplication meeting.

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City of Westbrook, ME

WESTBROOK CODE

ARTICLE XIV § 335-15.6. Time limitations of rights

Administration and Enforcement granted.
§ 335-15.7. Limitation on subsequent
§ 335-14.1. Purpose. appeals.
§ 335-14.2. Permits. § 335-15.8. Appeal to Superior Court.
§ 335-14.3. Permit procedures. § 335-15.9. Recording.
§ 335-14.4. Duties of Code Enforcement
Officer. ARTICLE XVI
§ 335-14.5. Enforcement. Impact Fees
§ 335-14.6. Violations and penalties.
§ 335-14.7. Owners, contractors and § 335-16.1. Authority.
others. § 335-16.2. Purpose.
§ 335-14.8. Nuisance. § 335-16.3. Definitions.
§ 335-14.9. Stop-work order. § 335-16.4. Use of impact fees.
§ 335-16.5. Segregation of impact fees from
ARTICLE XV general revenues.
Zoning Board of Appeals § 335-16.6. Collection of impact fees.
§ 335-16.7. Exemption/reduction for off-
§ 335-15.1. General statement. site improvements.
§ 335-15.2. Appointment and terms of § 335-16.8. Refund of unused impact fees.
office; powers and duties. § 335-16.9. Amendment of fees.
§ 335-15.3. Appeals. § 335-16.10. Impact fee not required for
§ 335-15.4. Variances. replacement dwelling units.
§ 335-15.5. Special conditions.

[HISTORY: Adopted by the City Council of the City of Westbrook 2-9-2004 by Ord. No. 2004-03 .
Amendments noted where applicable.]

STATE LAW REFERENCES

Planning and land use regulation — 30-A M.R.S.A. § 4301 et seq.

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City of Westbrook, ME

§ 335-1.1 LAND USE § 335-1.2

ARTICLE I
Introduction

§ 335-1.1. Purpose. [Amended 4-5-2010 ]

A. This chapter implements the land use strategies in Westbrook's Comprehensive Plan. The plan calls
for Westbrook to:

Establish a well-balanced land use pattern that sustains the economic, institutional, and cultural role
of the urban core while meeting the current and future needs of Westbrook citizens in a manner that
is cost-effective, equitable, environmentally sound, and sensitive to the City's visual and cultural
character.

B. The City's cultural character has long been shaped by its history as a vibrant, technologically
advanced mill community. Now, as the mills' role in the community has decreased, Westbrook has a
unique opportunity to reinvent itself. No longer dependent on processes that often polluted the
environment, Westbrook citizens can now look forward to development and activity that is sensitive
to the need of its families and children, respective of its neighborhoods and charm, and sensitive to
its environment. To achieve these goals, this chapter will accomplish the following:

(1) Promote and conserve the health, safety, and general welfare of its residents.

(2) Promote a safe and sensitive use of the environment that respects our unique resources:

(a) The Presumpscot and Stroudwater Rivers.

(b) Watersheds such as Mill Brook, Minnow Brook, Nasons Brook, Capisic Brook and Long
Creek.

(c) The rural character of northwest Westbrook.

(d) The rural character of outer Stroudwater Street.

(e) The improved air quality.

(3) Assist in the efficient provision, utilization, and expansion of the municipality's infrastructure.

(4) Maintain and enhance the amenities found in our Downtown and throughout our community.

(5) Encourage the health of our existing neighborhoods and ensure that new neighborhoods have
the same cohesive nature.

(6) Conserve and encourage appropriate use of environmentally sensitive land and historically
significant buildings, recognizing that Westbrook has a limited supply of both.

(7) Promote harmonious interrelationships between differing land uses.

(8) Encourage the mix of residential, business, and light industry centers.

(9) Promote traffic safety for pedestrians and vehicles.

(10) Encourage a mix of residential housing options to serve our diverse population, including senior
citizens.

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City of Westbrook, ME

§ 335-1.2 WESTBROOK CODE § 335-1.5

§ 335-1.2. Construal of provisions. [Amended 12-13-2004 ]

A. In general, this chapter is complementary to other ordinances affecting the use, location, and
dimensions of buildings in the City, but where there is a conflict, this chapter takes precedence.

B. In the Shoreland Zone, whenever a provision of this chapter conflicts with or is inconsistent with
another provision of this chapter or of any other ordinance, regulation or statute, the more restrictive
provision shall control.

§ 335-1.3. Citation.

This chapter shall be known as the "Westbrook Land Use Ordinance" and replaces a previous ordinance
enacted by the City Council on December 3, 1973, and amended subsequently.

§ 335-1.4. Zoning Map.

The City is divided into districts, as shown on the Westbrook Zoning Map, which map is made a part of this
chapter, which is on file in the office of the City Clerk. The Zoning Map is based on the Comprehensive
Plan's Future Land Use Map, also on file with the City Clerk's office.

§ 335-1.5. Zoning amendments. [Amended 5-3-2021 by Order No. 2021-34 ]

A. Amendment to the Land Use Ordinance, including Zoning Map amendments. The City Council may
amend, revise, replace or otherwise change the Land Use Ordinance, provided that the statutory
provisions relating to notice and public hearings are observed in accordance with the following
procedures and criteria:

(1) Request for amendment. An amendment may be initiated by the Planning Board, City Council,
the City administration, or it may be requested by the owner(s) of property or the authorized
agent of the owner or a person with equivalent right, title or interest in the property proposed for
rezoning.

(2) Application. Requests for amendments must be accompanied by a complete application and
application fee as set forth in the Master Fee Schedule.1 The cost for noticing and advertising
fees must also be paid to the City. The request or proposal shall not be placed on a Planning
Board agenda unless and until these fees are paid. This fee shall be waived if the request is
initiated by the City, either through the City Council, the Planning Board or the City
administration.

(a) Requests for an amendment to the Zoning Map shall include:

[1] A map showing existing and proposed zone lines.

[2] The address or location of the parcel(s) to be reclassified.

[3] The name and address of property owners of the parcels proposed to be rezoned.

[4] A statement regarding existing and proposed land use.

[5] Existing and proposed zoning classifications.

(3) Procedure for Planning Board review and recommendation. The Planning Board shall review

1. Editor's Note: See Ch. A400.

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City of Westbrook, ME

§ 335-1.5 LAND USE § 335-1.6

and, after holding a public hearing, shall provide a recommendation on the request to the City
Council.

(a) Notice for the public hearing shall be provided as follows:

[1] Posted in City Hall at least 13 days prior the hearing.

[2] Posted on the City's website at least 13 days prior to the hearing.

[3] Published at least two times in a newspaper of general circulation, the first at least 12
days prior to the hearing and the second at least seven days prior to the hearing.

[4] Notice shall be mailed to both the property or properties proposed for a zoning
change and each property owner within 500 feet from any portion of the property
proposed for a zoning change. The notice shall be mailed by first-class mail at least
13 days before the public hearing.

(4) Procedures for City Council review. Once the City Council receives a Planning Board
recommendation, the City Council shall hold a public hearing.

(a) Notice for the public hearing shall be given as follows:

[1] Posted in City Hall at least seven days prior the hearing.

[2] Posted on the City' s website at least seven days prior to the hearing.

[3] Published in a newspaper of general circulation at least seven days prior to the
hearing.

(b) No proposal to amend the official Zoning Map shall be considered within one year from
the date of denial of the same request, unless the Planning Board determines that the
application is a substantial change from the previously denied rezoning application.

B. Administrative corrections. The City Clerk is authorized to make minor corrections to the adopted or
amended version of this chapter to correct typographical mistakes or errors in numbering, incorrect
references or punctuation that do not alter the substance or meaning of the provisions without public
hearing by the Planning Board or formal vote of the City Council.

§ 335-1.6. Conditional and contract zoning. [Amended 5-3-2021 by Order No. 2021-35 ]

A. An applicant for a conditional or contract zone shall submit an application to the Planning Board on
forms provided by the City with the following information and/or fees:

(1) A plot plan showing the following:

(a) Location of the property proposed for development and its boundaries and dimensions.

(b) Location and dimensions of existing and proposed buildings or other structures.

(c) The lines of existing and proposed streets, driveways, parking facilities and sidewalks.

(2) A detailed statement of the proposed use of the property.

(3) A statement setting forth the precise zoning change requested.

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City of Westbrook, ME

§ 335-1.6 WESTBROOK CODE § 335-1.6

(4) A statement setting forth the conditions or restrictions which the applicant proposes to be
applied as a condition of the proposed rezoning. The Planning Board may recommend further
conditions or restrictions as outlined in Subsection D.

(5) A nonrefundable application fee in such amount(s) as the City Council may from time to time
establish in the City Fee Schedule. The fee shall be paid at the time the application is filed with
the Planning Board. All notification fees shall be paid by applicant.

(6) A consulting and review fee in such amount as the City Council may from time to time establish
in the City Fee Schedule. The fee shall be placed in escrow with the City at the time the
application is filed with the Planning Board. The fee shall be used by the City in accordance
with § 335-13.1H, Fees for consulting, review and inspection, of this chapter.

(7) Evidence of right, title or interest in the property.

(8) Additional information.

(a) Traffic impact study/assessment:

[1] The applicant must submit a traffic study for all projects that will require a Traffic
Movement Permit from the Maine Department of Transportation (MDOT). At a
minimum, the traffic study must provide all information set forth in Section 7 of
MDOT's Rules and Regulations Pertaining to Traffic Movement Permits, as may be
amended from time to time. The Planning Board or City Council may require
additional information in the traffic study during the application review process.

[2] For projects that will not require a Traffic Movement Permit from the MDOT, the
Planning Board or City Council may request a traffic study or traffic assessment as
part of the application. The Board or Council will determine the parameters of the
traffic study or traffic assessment as part of the application review process.

B. Pursuant to 30-A M.R.S.A. § 4352, conditional and contract zoning is authorized where, for such
reasons as the unusual nature or unique location of the development proposed, the City Council finds
it necessary or appropriate to impose, by agreement with the property owner or otherwise, certain
conditions or restrictions relating to the physical development or operation of the property, which are
not generally applicable to other properties similarly zoned. All rezoning under this section shall
establish rezoned areas which are consistent with the existing and permitted uses within the original
zones. All such rezoning shall be consistent with the City's Comprehensive Plan.

C. In addition to the procedures set forth in § 335-1.5A, requests for conditional and/or contract zone
shall be subject to the following:

(1) Public notice shall be sent to:

(a) Owners of property proposed to be rezoned.

(b) Any public drinking water supplier if the area to be rezoned is within its source protection
area.

(c) Owners of property within 500 feet of any boundary of the property.

(2) Notice shall include a map indicating the area to be rezoned and a copy of the proposed
conditions and restrictions.

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City of Westbrook, ME

§ 335-1.6 LAND USE § 335-1.8

D. Conditions and restrictions imposed under the authority of this section may include, by way of
example:

(1) Limitations on the types and number of uses permitted.

(2) Restrictions on the scale and density of development.

(3) Specifications for the design and layout of building and other improvements.

(4) Schedules for the commencement and completion of construction.

(5) Preservation and creation of open space and buffers, and protection of natural areas and historic
sites.

(6) Contributions toward the provision of municipal services generated by the development.

(7) Performance guarantees adequate to secure completion and maintenance of improvements, and
guarantees against defects.

(8) Provisions for enforcement and remedies for breach of any condition or restriction.

E. All development receiving a conditional or contract rezoning is not exempt from the otherwise
applicable standards in § 335-13.1, Subdivision and site plan review process.

§ 335-1.7. Rules of construction.

This chapter operates in accordance with the following rules of construction:

A. Separability. The invalidity of any provision of this chapter does not invalidate any other provision.

B. Use of certain terms. For the purposes of this chapter:

(1) Words used in the singular include the plural, and words used in the plural include the singular.

(2) Words used in the present tense include the future.

(3) The word "shall" is mandatory; the word "may" is permissive.

(4) Terms not herein defined shall have the meaning customarily assigned to them in Webster's
New Collegiate Dictionary.

C. Abbreviations. The following abbreviations are used in this chapter:

' is foot or feet

" is inches
S.F. is square feet
mm is millimeter(s)

§ 335-1.8. Definitions.

Terms used in this chapter are defined as follows (please note that Articles VII through XI may have their
own definitions):
ABUTTER — The owner of land sharing a common boundary or corner with a site, parcel of land, or lot

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City of Westbrook, ME

§ 335-1.8 WESTBROOK CODE § 335-1.8

on which activity is proposed that is regulated by this chapter.

ACCESSORY DWELLING UNIT — A secondary dwelling unit established in conjunction with and
clearly subordinate to a principal dwelling unit on the same lot. An accessory dwelling unit (ADU) is
a permitted accessory use for single-family dwelling units only, and ADUs are subject to the standards
in § 335-2.2. An ADU which complies with the requirements of § 335-2.2 shall be exempt from the
Residential Density Factor requirement of this code.[Added 11-17-2014 ; amended 4-23-2018 by Ord.
No. 2018-44 ; 12-4-2023 by Ord. No. 2023-127 ]
ACCESSORY USE — A structure or use which is subordinate and incidental to and serves a permitted
use and is located on the same lot as the principal structure or use, except as otherwise expressly provided
in this chapter. In no case shall an accessory use dominate in area, extent, or purpose the principal lawful
use or structure. In all cases, accessory uses shall meet the same performance standards of this chapter
as principal uses. The keeping of bees or animals typically associated with farms shall be allowed as an
accessory use to a principal residential use on the same lot, provided that the keeping of such animals
separately regulated in the Code of the City of Westbrook is done in accordance with those regulations;
the keeping of such animals is not done for commercial purposes; and the keeping of animals typically
associated with farms, but not limited to goats, cows, and horses, shall only be allowed in those residential
zones that allow a farm as a permitted use. The keeping of bees as an accessory use shall comply with the
requirements set forth in the Code of the City of Westbrook.2 [Amended 3-3-2008 ; 9-14-2015 ]
ADULT DAY CARE — An adult day-care center licensed by the State of Maine for providing day-care
services to adults who are mentally disadvantaged or incapacitated in some way that requires such services.
ADULT-USE/RETAIL MARIJUANA — Marijuana that is cultivated, manufactured, distributed or sold
by an adult-use/retail marijuana establishment or adult-use/retail marijuana social club.[Added 6-4-2018
by Ord. No. 2018-72 ]
ADULT-USE/RETAIL MARIJUANA CULTIVATION FACILITY — A facility or an entity licensed to
cultivate, prepare and package adult-use/retail marijuana and to sell adult-use/retail marijuana to adult-use/
retail marijuana establishments and adult-use/retail marijuana social clubs.[Added 6-4-2018 by Ord. No.
2018-72 ]
ADULT-USE/RETAIL MARIJUANA ESTABLISHMENT — Includes 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.[Added 6-4-2018 by Ord. No. 2018-72 ]
ADULT-USE/RETAIL MARIJUANA PRODUCT — Concentrated adult-use/retail marijuana and adult-
use/retail marijuana products that are composed of adult-use/retail marijuana and other ingredients and
are intended for use or consumption, including, but not limited to, edible products, ointments and
tinctures.[Added 6-4-2018 by Ord. No. 2018-72 ]
ADULT-USE/RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY — A facility or an
entity licensed to purchase adult-use/retail marijuana; manufacture, prepare and package adult-use/retail
marijuana products; and sell adult-use/retail marijuana and adult-use/retail marijuana products only to other
adult-use/retail marijuana products manufacturing facilities, adult-use/retail marijuana stores and adult-
use/retail marijuana social clubs.[Added 6-4-2018 by Ord. No. 2018-72 ]
ADULT-USE/RETAIL MARIJUANA SOCIAL CLUB — A facility or an entity licensed to sell adult-
use/retail marijuana and adult-use/retail marijuana products to consumers for consumption on the licensed
premises.[Added 6-4-2018 by Ord. No. 2018-72 ]
ADULT-USE/RETAIL MARIJUANA STORE — A facility or an entity licensed to purchase adult-use/

2. Editor's Note: See also Ch. 110, Animals, Art. III, Bees.

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City of Westbrook, ME

§ 335-1.8 LAND USE § 335-1.8

retail marijuana from an adult-use/retail marijuana cultivation facility and to purchase adult-use/retail
marijuana products from an adult-use/retail marijuana products manufacturing facility and to sell adult-
use/retail marijuana and adult-use/retail marijuana products to consumers.[Added 6-4-2018 by Ord. No.
2018-72 ]
ADULT-USE/RETAIL MARIJUANA TESTING FACILITY — A facility or an entity licensed and
certified to analyze and certify the safety and potency of adult-use/retail marijuana and adult-use/retail
marijuana products.[Added 6-4-2018 by Ord. No. 2018-72 ]
AFFORDABLE HOUSING DEVELOPMENT — A multiple-family dwelling project that conforms with
the following:[Added 12-4-2023 by Ord. No. 2023-127 ]

A. For rental housing, a development in which a household whose income does not exceed 80% of the
area median income as defined by the United States Department of Housing and Urban Development
under the United States Housing Act of 1937, Public Law 75412, 50 Stat. 888, Section 8, as amended,
can afford 51% or more of the units in the development without spending more than 30% of the
household's monthly income on housing costs; and

B. For owned housing, a development in which a household whose income does not exceed 120% of the
area median income as defined by the United States Department of Housing and Urban Development
under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as
amended, can afford 51% or more of the units in the development without spending more than 30%
of the household's monthly income on housing costs.

C. For purposes of this definition, "housing costs" means:

(1) For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer, and/or trash) that
the household pays separately from the rent; and

(2) For an ownership unit, the cost of mortgage principal and interest, real estate taxes (including
assessments), private mortgage insurance, homeowner's insurance, condominium fees, and
homeowners' association fees.
AQUIFER — A geologic formation composed of rock or sand and gravel that stores and transmits
significant quantities of recoverable water.
AQUIFER RECHARGE AREA — A primary or secondary recharge area composed of porous material or
rock sufficiently fractured to allow infiltration and percolation of surface water and transmission of it to
aquifers.
AREA MEDIAN INCOME — The midpoint of the Portland, Maine Metropolitan Statistical Area income
distribution calculated on an annual basis by the U.S. Department of Housing and Urban
Development.[Added 12-4-2023 by Ord. No. 2023-127 ]
ARTISAN FOOD AND BEVERAGE — Small-scale production, preparation of food and/or beverage
made on site with minimal automated processes involved and may include direct sales to consumer and
product tasting. This definition includes uses such as small-batch food producers and bakeries, craft
breweries, micro-distilleries, wineries, small-batch candy shops and cheese makers. Outdoor seating is
allowed.[Added 3-18-2019 by Ord. No. 2019-40 ]
ASPHALT PLANT — An industrial facility used for the production of asphalt, or asphalt products, used in
building or construction, and includes facilities for the administration or management of the business, the
stockpiling of bulk materials used in the production process or of finished products manufactured on the
premises and the storage and maintenance of required equipment, but does not include the sale of finished
asphalt products to the general public.[Amended 6-7-2010 (effective as of 3-24-2008)]

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City of Westbrook, ME

§ 335-1.8 WESTBROOK CODE § 335-1.8

AUTOMOBILE DEALERSHIP — A retail business carried on by the franchisee of a motor vehicle

manufacturer or affiliate of the franchisee, primarily housed in a structure and characterized by a mixture
of related uses upon a commercial parcel, the principal use of which shall be the marketing of new or used
automobiles or both, by sale, rent, lease, or other commercial or financial means. Secondary supporting
uses may also exist upon the same site, such as maintenance, repair and service areas, parts storage areas,
and financial service areas. For the purposes of this definition, the word "automobile" shall also include
trucks.[Amended 6-23-2014 ; 1-5-2015 ]
AUTOMOBILE REPAIR SERVICE — A business for the purpose of vehicular repair, where the sale of
petroleum products is also permitted. Services may also include so-called "quick lube" services and other
specialty auto repair.[Amended 11-17-2014 ]
BANK CLASS 1 — A bank or similar financial institution with one or more drive-up windows, including
ATM machines, whether attached or unattached.
BANK CLASS 2 — A bank or similar financial institution where drive-up windows are not permitted,
although an attached walk-up ATM is permitted.
BASE FLOOD — A flood having a 1% chance of being equaled or exceeded in any given year, as defined
by Flood Insurance Rate Maps.
BASE SITE AREA — Area of a lot of land in square feet.
BED-AND-BREAKFAST CLASS 1 — A dwelling in which not more than 10 rooms are rented on a daily
basis, and where meals may be provided.[Amended 11-19-2012 ]
BED-AND-BREAKFAST CLASS 2 — A dwelling occupied by the owner as his principal place of
residence where not more than five rooms are rented on a daily basis, and where meals may be provided.
BOARDING HOME FOR SHELTERED CARE — A group home for the sheltered care of persons which,
in addition to providing food and shelter, may also provide some combination of personal care, social
or counseling services, or transportation. This definition does not include facilities for the treatment of
substance use disorder or disabled (physical or mental) persons. Performance standards:

A. The minimum distance between any two such facilities shall be 1,500 feet, measured from the closest
property line to closest property line in an offset.

B. Any such facility shall house no more than eight persons (eight total, including live-in staff, if any).

C. Property must be serviced by public sewer and public water.

D. Transit accessible or means of transportation provided by facility.

E. Provide the Code Enforcement Office with documentary evidence in letter form that the structure
meets current fire codes for the designated use under NFPA. This evidence/certification will be
provided from an engineer or architect and must be reviewed by the appropriate City official. State
Fire Marshal review may also be required. [Amended at time of adoption of Code (see Ch. 1,
General Provisions, Art. II)]

F. Facility shall be licensed as a boarding care according to regulations issued by the Maine Department
of Health and Human Services and reviewed by the State Fire Marshal's office.
BOARDINGHOUSE or LODGING HOUSE — A dwelling which, for compensation, provides lodging,
or lodging and meals, to more than four persons (or more than two bedrooms maximum) and where the
owner resides in the building. No provisions for cooking in individual rooms other than a main kitchen
are allowed, and meals may or may not be provided. Boardinghouses and lodging houses shall meet the

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City of Westbrook, ME

§ 335-1.8 LAND USE § 335-1.8

following conditions:

A. Be owner-occupied;

B. Have smoke detectors in each sleeping room;

C. Property must be serviced by public sewer and public water.

D. Provide the Code Enforcement Office with documentary evidence in letter form that the structure
meets current fire codes for the designated use under NFPA. This evidence/certification will be
provided from an engineer or architect and must be reviewed by the appropriate City official. State
Fire Marshal review may also be required. [Amended at time of adoption of Code (see Ch. 1,
General Provisions, Art. II)]

E. Any such house shall contain no more than eight persons, including the owner.
BOARDING KENNEL — Any place, building, tract of land or abode in or on which three or more
privately owned companion animals are kept at any one time for their owners in return for a fee or
compensation. For the purposes of this chapter, a boarding kennel also includes a facility where three or
more companion animals are kept for training purposes, including but not limited to obedience, guide and
service training, for a fee or compensation.[Added 3-18-2019 by Ord. No. 2019-41 ]
BOTTLE CLUB — A facility operated on a regular, profit or nonprofit basis for social activities in which
members or guests provide their own liquor, where no liquor is sold on the bottle club premises, which
maintains suitable facilities for the use of members on a regular basis or charges an admission fee to
members or the general public and where members, guests or others are regularly permitted to consume
liquor. As used in this definition, "regularly" includes daily, weekly or monthly, but does not include once
a year or less often.[Added 4-6-2015 ]
BOTTLE CLUB PREMISES — All parts of contiguous real estate occupied by the bottle club over which
the bottle club owner has direct or indirect control or interest and which the bottle club owner uses in the
operation of the bottle club.[Added 4-6-2015 ]
BUFFER ZONE — Area of undeveloped or landscaped land, measured in horizontal distance, used to
provide separation between conflicting uses.
BUILDING — Any structure having a roof, partial roof supported by columns or walls used or intended to
be used for the shelter or enclosure of persons, animals or objects regardless of the materials of which it is
constructed.
BUSINESS OFFICE — A facility used by a commercial, financial, professional, or government enterprise
or establishment. For the purposes of this chapter, the definition of a "business office" includes limited
production or manufacturing operations wherein the office function is the primary activity, and printing
and publishing operations. This term does not include the growing or dispensing of medical marijuana
by medical marijuana dispensaries, caregivers, or patients.[Amended 2-5-2018 by Ord. No. 2018-07 ;
3-18-2019 by Ord. No. 2019-45 ]
BUSINESS OFFICE 2 — A facility used by a financial, professional or government enterprise or
establishment during usual business hours that only performs functions generally found in an office setting.
This includes the use of desks, files, computers, photocopying machines, desktop printers and similar
equipment. General business activities may not be conducted outside of the structure in which the office is
located. For the purposes of this chapter, the definition of a "business office 2" does not include research
and development facilities, limited production or manufacturing operations, or printing and publishing
operations. In addition, these specifically excluded activities may not be permitted as an accessory use to
the primary business office functions. This term does not include the growing or dispensing of medical

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City of Westbrook, ME

§ 335-1.8 WESTBROOK CODE § 335-1.8

marijuana by medical marijuana dispensaries, caregivers, or patients.[Amended 2-5-2007 ; 2-5-2018 by

Ord. No. 2018-07 ]
CAMPGROUND — A tent park or recreational vehicle park where individual lots of no less than 10 feet
by 15 feet are rented on a daily basis. Said parks shall provide for camping amenities, have access roads
approved by the Fire & Rescue Department, and have a plan for the elimination of sewage from individual
units. Parks are subject to site plan review.
CAR WASH — The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or
other light-duty equipment.
CEMETERY — Land used for the burial of the dead, and dedicated for cemetery purposes, excluding a
columbarium, crematories, mausoleums, and mortuaries.
CHILD-CARE CENTER — A building in which day-care and educational programming for children up
to kindergarten age is provided. Such a facility shall be considered a commercial operation and shall not
be located in a building containing one or more dwelling units. Such a facility may provide for the care
of older children in after-school programs and shall be consistent with Maine licensing statutes.[Amended
4-5-2010 ; 9-14-2015 ]
CHURCH — Any structure used for worship or religious instruction, including social and administrative
rooms accessory thereto.
CLUB or LODGE — An association of people for social or recreational purposes, or for the promotion
of some common objective; the use of common property owned by the association, which can include the
serving of food or alcohol.
COASTAL WETLANDS — Any swamp, marsh, bog, beach, flat or other land above extreme low water
which is subject to tidal action or as otherwise identified on the basis of soils, vegetation or other similar
criteria.
COLLECTIVE — An association, cooperative, affiliation or group of primary caregivers who physically
assist each other in the act of cultivation, processing or distribution of marijuana for medical use for the
benefit of the members of the collective.[Added 2-5-2018 by Ord. No. 2018-07 ]
COMMERCIAL MESSAGE — Any wording, logo or other representation that directly or indirectly
names, advertises or calls attention to a business, a primary product or service, or other commercial
activity.[Added 8-3-2020 by Ord. No. 2020-78 ]
COMMERCIAL SERVICE BUSINESS — An establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers and not to the general public; to industrial, commercial,
institutional, or professional business users; or to other wholesalers; or acting as agents or brokers and
buying merchandise for, or selling merchandise to, such individuals or companies. This use may involve
the repair of such merchandise. This is not considered a general commercial use. This term does not
include the growing or dispensing of medical marijuana by medical marijuana dispensaries, caregivers, or
patients.[Amended 6-7-2010 (effective as of 3-24-2008); 2-5-2018 by Ord. No. 2018-07 ]
COMMUNITY CENTER — A common building, place, area or other facility, publicly managed, which
provides a focus for the recreational, educational, social or cultural needs of the community. Services may
be provided by for-profit entities.[Amended 11-19-2012 ]
COMMUNITY LIVING ARRANGEMENT — A housing facility for eight or fewer persons with
disabilities that is approved, authorized, certified or licensed by the state. A community living arrangement
may include a group home, foster home or intermediate care facility.

A. SINGLE-FAMILY USE — A community living arrangement is deemed a single-family use of

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City of Westbrook, ME

§ 335-1.8 LAND USE § 335-1.8

property for the purposes of zoning.

B. DISABILITY — Has the same meaning as the term "handicap" in the federal Fair Housing Act, 42
U.S.C. § 3602.
COMMUNITY-BASED RESIDENTIAL FACILITIES (CRF) — Dwelling units providing communal
domiciliary arrangements for a group of unrelated persons for the transition of formerly institutionalized
persons back into mainstream community living and participation; a "halfway house." Performance
standards:

A. The minimum distance between any two such facilities shall be 1,500 feet, measured from the closest
property line to closest property line in an offset.

B. Any such facility shall house no more than eight persons (eight total, including live-in staff, if any).

C. Staffing is required 24 hours a day.

D. Property must be serviced by public sewer and public water.

E. Transit accessible or means of transportation provided by facility.

F. Provide the Code Enforcement Office with documentary evidence in letter form that the structure
meets current fire codes for the designated use under NFPA. This evidence/certification will be
provided from an engineer or architect and must be reviewed by the appropriate City official. State
Fire Marshal review may also be required. [Amended at time of adoption of Code (see Ch. 1,
General Provisions, Art. II)]
CONDITIONAL USE — A use which is by policy permitted in a particular zoning district and consistent
with the most recently adopted Comprehensive Plan, which is by policy considered to be of an essential
or desirable nature for the general welfare of the community, and at the same time is not essentially
incompatible with existing uses in the district, provided that it meets the standards established for the use,
and any conditions of approval imposed by the Planning Board.[Amended 4-3-2017 ]
CONDITIONAL ZONING — The process by which the municipal legislative body may rezone property
to permit the use of that property subject to conditions not generally applicable to other properties similarly
zoned.[Added 5-3-2021 by Order No. 2021-35 ]
CONGREGATE CARE FACILITY — A multiple-family dwelling occupied by people in a shared living
environment. Such facilities shall consist of individual apartment units, shared community space, shared
dining facilities, appropriate recreational facilities and required care services based on individual need.
CONTRACT ZONING — The process by which the property owner, in consideration of the rezoning of
that person's property, agrees to the imposition of certain conditions or restrictions not imposed on other
similarly zoned properties.[Amended 8-21-2006 ; 5-3-2021 by Order No. 2021-35 ]
CONVENTION CENTER — A large venue designed and built to host conferences, exhibitions, large
meetings, seminars, training sessions, etc., as its principal use. A convention center may also provide office
facilities and leisure activities.[Added 3-18-2019 by Ord. No. 2019-42 ]
CUTOFF LUMINAIRE — A complete lighting unit with elements such as shields, reflectors, or refractor
panels which direct and cut off the light at an angle of less than 90°. The angle is formed by a line
perpendicular to the ground moving up 90° to the point of cutoff.
DATA CENTER — A facility used to store computer systems and associated components, such as
telecommunications and storage systems.[Added 4-22-2019 by Ord. No. 2019-58 ]

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City of Westbrook, ME

§ 335-1.8 WESTBROOK CODE § 335-1.8

DAY-CARE CENTER — A dwelling or facility in which day care is provided for between four and 12
children under the age of 16, licensed in accordance with state statute.3 [Amended 9-14-2015 ]
DWELLING UNIT — A room or group of rooms providing, or intending to provide, living quarters
containing independent cooking, sleeping, and bathroom facilities for one household.
DWELLING, MANUFACTURED HOUSING — A structural unit designed for occupancy, and
constructed in a manufacturing facility and then transported by the use of its own chassis, or placed on
an independent chassis, to a building site. For purposes of this definition only, the following two types of
manufactured housing are permitted:

A. Those units constructed after June 15, 1976, commonly called "newer mobile homes," which the
manufacturer certifies are constructed in compliance with the United States Department of Housing
and Urban Development standards. These standards mean structures transportable in one or more
sections which, in the traveling mode, are eight body feet or more in width and 40 body feet or more
in length or, when erected on site, are 320 or more square feet, and which are built on a permanent
chassis and designed to be used as dwellings, with or without permanent foundations, when connected
to the required utilities, including the plumbing, heating, air-conditioning, and electrical systems
contained therein; except that the term shall include any structure that meets all the requirements of
this subsection except the size requirements and with respect to which the manufacturer voluntarily
files a certification required by the Secretary of the United States Department of Housing and Urban
Development and complies with the standards established under the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., as amended. [Amended at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. Those units commonly called "modular homes," which the manufacturer certifies are constructed
in compliance with Maine's Manufactured Housing Act4 and regulations, meaning structures,
transportable in one or more sections, which are not constructed on a permanent chassis and are
designed to be used as dwellings on foundations when connected to required facilities, including the
plumbing, heating, air conditioning or electrical systems contained therein.
DWELLING, MULTIPLE-FAMILY — A structure consisting of three or more attached dwelling units.
DWELLING, SINGLE-FAMILY — A detached structure consisting of one dwelling unit.
DWELLING, TWO-FAMILY — A detached structure consisting of two dwelling units.
EDUCATION FACILITY — A public, private or church-affiliated establishment for the education at all
levels of children and/or adults in subjects or skills.
EMERGENCY OPERATIONS — Operations conducted for the public health, safety or general welfare.
These include protection of resources from immediate destruction or loss, law enforcement, and operations
to rescue human beings and livestock from the threat of destruction or injury.5
EXTRACTIVE INDUSTRY — 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.
FARM — The definition of "farm," "farm operation," and "farm product" is determined by the most current
definition in 7 M.R.S.A §§ 52 and 152 or any successor statutes or provisions. This use may involve
the repair of such merchandise. This is not considered a general commercial use. This term does not

3. Editor's Note: The definition of "donor site," which immediately followed this definition, was repealed 11-17-2014.
4. Editor's Note: See 10 M.R.S.A. § 9001 et seq.
5. Editor's Note: The definition of "elder apartment" which immediately followed this definition was repealed 11-17-2014.

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City of Westbrook, ME

§ 335-1.8 LAND USE § 335-1.8

include the growing or dispensing of medical marijuana by medical marijuana dispensaries, caregivers, or
patients.[Amended 9-14-2015 ; 2-5-2018 by Ord. No. 2018-07 ; at time of adoption of Code (see Ch. 1,
General Provisions, Art. II)]
FLAG LOT — A lot so shaped and designed that the main building site area is set back from the public
street on which it fronts and includes an access strip connecting the main building site with the frontage
street. The creation of a flag lot is only permitted on public streets.[Amended 4-5-2010 ]
FLOODWAY — The channel of a river, or other watercourse, and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.
FLOOR SPACE — Area used for retail sales, not including storage space.
FLORIST — A retail business whose principal activity is the selling of plants which are not grown on
the site and conducting business within an enclosed building. This term does not include the growing
or dispensing of medical marijuana by medical marijuana dispensaries, caregivers, or patients.[Amended
2-5-2018 by Ord. No. 2018-07 ]
FOOD CART VENDOR — An outdoor vendor operating from a portable facility located on a given site,
licensed with the City, and selling products, including, but not limited to, prepared or unprepared food.
This definition does not including flea markets or the sale of general merchandise.
FOOTPRINT — The area within the exterior limits of the base of a structure.
FOUNDATION — A wall below the floor near or at grade which serves as a structural support for a wall,
pier, column or other part of a building, or the wall of a basement that resists lateral soil load.[Amended
3-7-2005 ]
FRESHWATER WETLAND — Freshwater swamps, marshes, bogs and similar areas which are inundated
or saturated by surface water or groundwater at a frequency and for a duration sufficient to support, and
which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for
life in saturated soils and not considered part of a great pond, coastal wetland, river, stream or brook. These
areas may contain small stream channels or inclusions of land that do not conform to the criteria of this
definition.
FRONT LOT LINE — That line which separates the lot from a public or private right-of-way. On a corner
lot, the front lot line is the line along the most traveled way as determined by the Code Enforcement
Officer.[Amended 3-18-2019 by Ord. No. 2019-45 ]
FUNERAL HOME — A building used for the preparation of the deceased for burial and display of the
deceased and rituals connected there with before burial or cremation. A funeral home, as defined for
purposes of this code, includes a funeral chapel.
GOLF COURSE — A tract of land laid out with at least nine holes for playing a game of golf and improved
with tees, greens, fairways and hazards. A golf course may include a clubhouse, restrooms, driving range,
and shelters as accessory uses.
GREENHOUSE — A building inside which plants are grown, all or part of which are sold at a retail or
wholesale establishment. This term does not include the growing or dispensing of medical marijuana by
medical marijuana dispensaries, caregivers, or patients.6 [Amended 2-5-2018 by Ord. No. 2018-07 ; at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
HAZARDOUS MATTER — Substances identified by the Maine Board of Environmental Protection under

6. Editor's Note: The definition of "grocery store" which immediately followed this definition was repealed 3-18-2019 by Ord. No.
2019-45.

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City of Westbrook, ME

§ 335-1.8 WESTBROOK CODE § 335-1.8

38 M.R.S.A. § 1319, as amended.

HEIGHT OF STRUCTURE — The vertical distance measured from the average ground elevation at the
base of a structure to the average height of the highest roof surface.[Amended 3-18-2019 by Ord. No.
2019-45 ]
HOME DAY-CARE PROVIDER — A person who provides day care in that person's primary residence,
on a regular basis, for three to 12 children under 13 years of age who are not the children of the provider.
Such a facility is allowed only in one- or two-family dwellings.[Amended 11-17-2014 ; 9-14-2015 ]
HOME OCCUPATION — An occupation carried on by residents of a dwelling unit where:[Amended
3-7-2005 ]

A. The occupation is clearly secondary to the principal use of the dwelling unit;

B. Only two people other than family members residing on the premises may be employed;

C. There must be no change to the outside appearance of the building or premises, other than one
nonilluminated sign of not more than four square feet;

D. The home occupation use is limited to 500 square feet of the enclosed building area;

E. Any parking provided by the owner must be off street, exclusive of any yard setback, and be screened
from any neighbor;

F. If renting or leasing, tenant must have permission from the owner; and

G. No more than two pieces of commercial equipment shall be permitted, and this equipment must be
able to meet the performance standards of the particular zoning district within which the structure
exists. The commercial equipment must be contained and used entirely within the dwelling unit or
accessory structure.
HORTICULTURE — A business where plants may be grown on the premises, within greenhouses, and
where plants may also be sold on the premises. This term does not include the growing or dispensing
of medical marijuana by medical marijuana dispensaries, caregivers, or patients.7 [Amended at time of
adoption of Code (see Ch. 1, General Provisions, Art. II)]
HOSPITAL — An institution providing primary health services and medical or surgical care to persons,
primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or
mental conditions and including as an integral part of the institution related facilities, such as laboratories,
outpatient facilities, training facilities, medical offices, and staff residences.
HOTEL — A structure providing lodging, for a fee. Accessory uses may include restaurants, meeting
rooms, function halls, and associated recreation facilities. For purposes of this chapter, a hotel shall
include any lodging structure consisting of 10 units or more per lot. Hotel units that have cooking and
sleeping facilities, commonly referred to as "efficiency units" or "suites," shall be rented for short-duration
lodging.[Amended 3-18-2019 by Ord. No. 2019-45 ]
HOUSEHOLD — A family or a group of unrelated persons who live in a dwelling unit that meets the
standards and codes of the City of Westbrook.[Amended 9-12-2022 by Ord. No. 2022-105 ]
IMPERVIOUS SURFACE — A surface which does not absorb water, including, but not limited to,
buildings, parking areas, driveways, roadways, sidewalks, and any areas of concrete or asphalt. Land used

7. Editor's Note: Throughout this chapter, references to "greenhouse or florist" were amended to "horticulture" at time of adoption of
Code (see Ch. 1, General Provisions, Art. II).

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City of Westbrook, ME

§ 335-1.8 LAND USE § 335-1.8

for outside storage, unless the ground surface is of sufficient porosity to minimize surface water runoff,
shall be deemed to be impervious surfaces.
INDOOR OR OUTDOOR PERFORMING ARTS VENUE — An area designed and arranged so that it
may be used for outdoor concerts or performances, including live or multimedia performances or showing
of films or videos. It may include a bandstand, band shell, stage or other shelter for performers, and seating
or seating areas for audiences, any of which may be permanent or temporary. This use category does not
include drive-in theaters.[Added 4-22-2019 by Ord. No. 2019-58 ]
INDUSTRY — For-profit or commercial enterprises engaged in the production and transportation of goods
or materials , generally manufactured for sale. This term does not include the growing or dispensing
of medical marijuana by medical marijuana dispensaries, caregivers, or patients.[Amended 3-7-2005 ;
2-5-2018 by Ord. No. 2018-07 ; 9-12-2022 by Ord. No. 2022-105 ]
INTERMODAL PASSENGER TRANSPORTATION FACILITY — A building, structure or location
where two or more modes of transportation intersect, and passengers can transfer between modes.[Added
4-22-2019 by Ord. No. 2019-58 ]
JUNKYARD — A facility that meets the definition set forth in 30-A M.R.S.A. § 3752.[Amended
6-7-2010 (effective as of 3-24-2008)]
LANDSCAPING — Grass, shrubs, trees, flowers, or other comparable surface cover, and any existing
vegetative land.
LANDSCAPING FACTOR — Required landscaping as a percentage of the base site area.
LEACHABLE MATERIALS — Liquid or solid materials, including solid wastes, sludge, and agricultural
wastes, that are capable of releasing water-borne contaminants into the ground or existing water bodies.
LEVEL OF SERVICE — A technical measure assessing the impact of traffic, generated from new or
expanded uses, on the transportation network.
LIBRARY — A public and/or nonprofit facility in which literary, musical, artistic or reference materials
are kept for use but not normally for sale. Community events and social services may also be offered.
LIGHT MANUFACTURING — A use engaged in the manufacture, predominately from previously
prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment,
packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial
processing. For the purpose of the Manufacturing District, light manufacturing includes commercial
kitchens or other food preparation operations. This term does not include the growing or dispensing of
medical marijuana by medical marijuana dispensaries, caregivers, or patients.[Added 3-18-2019 by Ord.
No. 2019-45 ; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
LOT — A parcel of land of at least sufficient size to conform to minimum zoning requirements for use,
coverage, and associated factors, and to provide such yards and other open spaces as are herein required.
The lot must have the minimum lot frontage for its particular zoning district fronting on a public or private
right-of-way, and may consist of:[Amended 3-18-2019 by Ord. No. 2019-45 ]

A. A single lot of record;

B. A portion of lot of record;

C. A combination of lots of record, or portions of lots of record;

D. A parcel of land described by metes and bounds; or

E. A parcel of land divided by a private or public right-of-way, provided that in the case of a subdivision

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City of Westbrook, ME

§ 335-1.8 WESTBROOK CODE § 335-1.8

or combination of lots, no remaining lot or parcel shall be created which does not meet the
requirements of this chapter.
LOT FRONTAGE — The horizontal, straight-line distance between the intersection of the side lot lines
with the road right-of-way of a publicly or privately maintained road which is a commonly traveled
thoroughfare open to the public, but not including private driveways. Frontage for lots fronting on a cul-
de-sac shall be the straight line distance between the intersection of the side lot lines with the right-of-way,
measured from a point equal to the required setback from the right-of-way and parallel to the right-of-way.8
[Amended 3-7-2005 ; 11-17-2014 ; 3-18-2019 by Ord. No. 2019-45 ]
LOT OF RECORD —

A. A parcel of land with ascertainable boundaries described in a recorded deed which at the time of its
recordation complied with all applicable zoning requirements; or [Amended 9-12-2022 by Ord. No.
2022-105 ]

B. A parcel of land shown on a subdivision plan approved by the Planning Board and recorded at the
Registry of Deeds. [Added 9-12-2022 by Ord. No. 2022-105 ]
LOTS UNDER COMMON OWNERSHIP — Adjacent lots owned by the same person are deemed to be
separate lots for the purpose of this chapter, provided that they were preexisting lots prior to this chapter,
and unless the owner chooses to legally combine them in one deed.
MARIJUANA — The leaves, stems, flowers and seeds of all species of the plant genus cannabis, whether
growing or not.[Added 6-4-2018 by Ord. No. 2018-72 ]
MAXIMUM FOOTPRINT FACTOR — A measure of the intensity of land use measured in square feet by
dividing the footprint of a building by the base site area.
MAXIMUM GROSS DENSITY FACTOR — Intensity of use measured in square feet by dividing
building footprint and impervious surface by the base site area.
MEDIA STUDIO CLASS 1 — A business engaged in the production of live or recorded analog or digital
media, including but not limited to podcast, radio, television, or cablecasting, where there is no sale of
retail goods.[Amended 3-18-2019 by Ord. No. 2019-45 ]
MEDIA STUDIO CLASS 2 — A business engaged in the production of, or recording of, sound where no
broadcasting is permitted and where sale of retail goods is secondary to the business.
MEDICAL/DIAGNOSTIC CENTER — Medical, diagnostic and/or surgical care focused on research,
diagnosis, treatment and rehabilitation of injury, illness, disease and/or chronic conditions on a primarily
outpatient basis. Such use may include training facilities, pharmacies and ambulatory services, including,
but not limited to, surgery, and can be provided by one or more owners or operators.[Added 5-3-2021 by
Order No. 2021-33 ]
MEDICAL MARIJUANA — Marijuana that is acquired, possessed, cultivated, manufactured, used,
delivered, transferred or transported to treat or alleviate a qualifying patient's debilitating medical condition
as defined by state law or symptoms associated with the qualifying patient's debilitating medical
condition.[Added 2-5-2018 by Ord. No. 2018-07 ]
MEDICAL MARIJUANA CAREGIVER — A person, licensed hospice provider or licensed nursing
facility that is designated by a qualifying patient to assist the qualifying patient with the medical use of
marijuana in accordance with state law. A person who is a medical marijuana caregiver must be at least

8. Editor's Note: The definitions of "lot width," "manufacturing" and "marine construction," which immediately followed this
definition, were repealed 3-18-2019 by Ord. No. 2019-45.

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City of Westbrook, ME

§ 335-1.8 LAND USE § 335-1.8

21 years of age and may not have been convicted of a disqualifying drug offense as defined by state
law.[Added 2-5-2018 by Ord. No. 2018-07 ]
MEDICAL MARIJUANA CAREGIVER CULTIVATION FACILITY — An enclosed, locked facility
used for cultivating, processing, and/or storing medical marijuana by one or more medical marijuana
caregivers at a location which is not the medical marijuana caregiver's residence or his or her patient's
residence. This shall be considered a commercial land use.[Added 2-5-2018 by Ord. No. 2018-07 ]
MEDICAL MARIJUANA DISPENSARY — A not-for-profit entity registered pursuant to state law that
acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies or dispenses
marijuana or related supplies and educational materials to qualifying patients and the primary caregivers
of those patients. Note that a dispensary may be either a single facility or it may be divided into two
separate but related facilities where growing is done at only one of the facilities. This shall be considered a
commercial land use.[Added 2-5-2018 by Ord. No. 2018-07 ]
MEDICAL MARIJUANA HOME CULTIVATION — Cultivating, processing and/or storing of medical
marijuana by a qualifying patient at his or her own residence or a medical marijuana caregiver at his or her
own residence for use by a qualifying patient. This use shall be considered an accessory land use.[Added
2-5-2018 by Ord. No. 2018-07 ]
MEDICAL OFFICE — General medical services, including, but not limited to, dental, psychiatric,
physical therapy or chiropractic for outpatient care only, but not including the sale of drugs. This term does
not include the growing or dispensing of medical marijuana by medical marijuana dispensaries, caregivers,
or patients.9 [Amended 3-7-2005 ; 2-5-2018 by Ord. No. 2018-07 ; 5-3-2021 by Order No. 2021-33 ]
MOBILE HOME PARK — See 30-A M.R.S.A. § 4358, Subsection 3 (mobile homes) and subsequent
amendments.[Amended 11-17-2014 ]
MUNICIPAL FACILITY — Any City facility provided to meet a municipal need. A municipal facility
must meet district performance standards and is subject to the site plan review process in Article XIII of
this chapter.
MUSEUM — A building having public significance due to its architecture or former use or occupancy or a
building serving as a repository for a collection of lasting interest or value arranged, intended and designed
to be used by members of the public for viewing with or without an admission charge. This term includes
aquariums.[Amended 3-18-2019 by Ord. No. 2019-45 ]
NEIGHBORHOOD GROCERY — A commercial enterprise engaged in the production, preparation and
sale of staple foodstuffs and household supplies having not more than 3,000 square feet of total floor space.
In permitting a neighborhood grocery, the Code Enforcement Officer shall determine if the facility has
adequate parking (on or off site), is screened from residential neighbors, has screened exterior storage,
meets minimum sign requirements and does not create negative traffic impacts.[Amended 3-18-2019 by
Ord. No. 2019-45 ]
NET RESIDENTIAL ACREAGE — The net area of any site suitable for residential development. The net
residential density shall be determined by subtracting the unusable land defined in this section from the
gross acreage of the site.

A. Cluster subdivisions. In the case of cluster subdivisions, buildable land dedicated as open space may
be used in determining the net residential density of the site.

B. Site plan. In the case of projects in the site plan review process, buildable land dedicated as open
space may be used in calculating the net residential density of the site.

9. Editor's Note: The definition of "minimum lot width" which immediately followed this definition was repealed 11-17-2014.

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City of Westbrook, ME

§ 335-1.8 WESTBROOK CODE § 335-1.8

NONCONFORMING LOT — A single lot of record which, at the effective date of adoption or amendment
of this chapter, does not meet the area, frontage, or width requirements of the district in which it is
located.[Added 11-4-2019 by Ord. No. 2019-172 ; amended 9-12-2022 by Ord. No. 2022-105 ]
NONCONFORMING SIGN — Any sign that was lawful prior to the adoption, amendment, or revision
of this chapter but that does not conform to the current requirements of this chapter.[Added 8-3-2020 by
Ord. No. 2020-78 ]
NONCONFORMING STRUCTURE — A structure which does not meet the standards of the district in
which it is located, but which is allowed solely because it was in lawful existence at the time this chapter
or subsequent amendments took effect.[Added 11-4-2019 by Ord. No. 2019-172 ]
NONCONFORMING USE — A use of buildings, structures, premises, land or parts thereof which is not
allowed in the district in which it is situated, but which is allowed to remain solely because it was in lawful
existence at the time this chapter or subsequent amendments took effect.[Added 11-4-2019 by Ord. No.
2019-172 ]
NORMAL HIGH-WATER MARK OF COASTAL WATERS — That line on the shore at tidal waters
reached by the shoreward limit of the rise of the median tides between the spring and the neap.
NORMAL HIGH-WATER MARK OF INLAND WATERS — That line on the shore and banks of
nontidal waters which is apparent because of the contiguous different character of the soil or vegetation
due to the prolonged action of the water.
NURSING HOME — A facility which provides nursing care and related medical services on a twenty-
four-hour-per-day basis to individuals due to illness, disease, physical infirmity or behavioral health
disorder where an individual's needs do not require hospital care. For the purposes of this chapter, a
nursing home shall include only those facilities which have been certified, or which will be certified
prior to the issuance of any use permits, by the State of Maine Department of Health and Human
Services as meeting all licensing and operation regulations for skilled nursing facilities or intermediate care
facilities.[Amended 5-15-2023 by Ord. No. 2023-53 ]
PARKING FACILITY — A surface lot, multistory building or structure or a portion thereof in which
motor vehicles or equipment is housed. Parking facilities may be public or private, but may not be used for
commercial repair, sale or lease of motor vehicles.[Amended 3-18-2019 by Ord. No. 2019-45 ]
PRINCIPAL STRUCTURE — A structure in which the principal use of the lot on which it is located is
conducted, or intended to be conducted.
PRINCIPAL USE — The primary purpose for which land is used or intended to be used.
PRIVATE RECREATION FACILITY — A nonmunicipal indoor or outdoor recreation or fitness facility,
not including water slides, outdoor amusement centers, spectator sports facilities, race tracks, or other
similar facilities.[Amended 3-18-2019 by Ord. No. 2019-45 ]
PRIVATE WAY — A privately owned and maintained right-of-way meeting the City's street construction
standards as set forth in Article XII, Review of Private Ways, and Article XIII, Subdivision and Site
Plan Review (regardless of whether the lots being served are part of a subdivision).[Amended 8-6-2012 ;
9-10-2018 by Ord. No. 2018-121 ]
QUALIFYING PATIENT — A person who has been diagnosed by a medical provider as having a
debilitating medical condition and who possesses a valid written certification regarding medical use of
marijuana in accordance with 22 M.R.S.A. § 2423-B.[Added 2-5-2018 by Ord. No. 2018-07 ]
REDEMPTION CENTER — Any person or business offering to pay the refund value of an empty
beverage container to a redeemer, or any person who contracts with one or more dealers or distributors to

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City of Westbrook, ME

§ 335-1.8 LAND USE § 335-1.8

collect, sort and obtain the refund value and handling fee of empty beverage containers for, or on behalf
of, such dealer or distributor.[Added 1-6-2020 by Ord. No. 2019-194 ]
RESEARCH AND DEVELOPMENT — A laboratory or similar facility for investigation into the natural,
physical or social sciences, which may include engineering and product development. Such use may not
involve the mass manufacturing, fabrication, processing or sale of products. This term does not include the
growing, dispensing or manufacturing of medical marijuana by medical marijuana dispensaries, caregivers,
or patients.[Amended 6-7-2010 ; 3-24-2008 ; 3-18-2019 by Ord. No. 2019-45 ]
RESIDENTIAL DENSITY FACTOR — Maximum number of dwelling units allowed on a lot, subject
to dimensional requirements, as measured in square feet per unit (base density).[Amended 12-4-2023 by
Ord. No. 2023-127 ]
RESTAURANT CLASS 1 — A restaurant whose principal business is the sale of food or beverages ready
to consume where a drive-in window is permitted.
RESTAURANT CLASS 2 — A restaurant where a drive-in window is not permitted, where food is the
primary product and is served on the premises, and where alcoholic beverages may be served.
RESTAURANT CLASS 3 DRINKING ESTABLISHMENT — Bars, bottle clubs, pubs, clubs, lounges,
taverns, and other premises whose primary purpose is the sale or consumption of spirits, wine or malt
liquor to be consumed on-premises. Typically, in serving primarily spirits, any such establishment offers
few or limited food options. This term includes that portion of any restaurant where a room(s) is maintained
separate from the main restaurant space, in which full-course meals are not regularly served and where
alcoholic beverages are sold at tables, booths, and counters and where the primary purpose of the separate
room is for the sale of said spirits.
RETAIL CLASS 1 — A business whose principal use is the retail sale of consumer goods, except for those
listed in Retail Class 2 and Retail Class 3.[Amended 11-17-2014 ]
RETAIL CLASS 2 — A business that is primarily agricultural in nature, selling goods, products, and
services which are essential to the economic vitality of the farm.
RETAIL CLASS 3 — A business whose principal use is the wholesale or retail sale of building materials,
including, but not limited to, hardware, lawn and garden, fuel products other than gasoline, and small
engine and appliance repair.
RETAIL CLASS 4 — A business whose principal use is the retail sale of fuel with or without the retail
sale of goods (e.g. Cumberland Farms, Big Apple).[Amended 11-17-2014 ]
RIGHT-OF-WAY — Either an existing City street, accepted and maintained by the City of Westbrook, an
existing full-access state road, a private way owned in fee simple, or a proposed way within a previously
platted subdivision that has been brought up to the standards for either a public street or private way in
§ 335-13.3G(3) and thus established for the purposes of providing access and creating a front lot line. A
private right-of-way shall be left as such unless the owner of that private right-of-way brings it to the
level of City standards and the City Council votes to accept the private way as public. In building the
private way, the minimum standards for the construction of the gravel base of a public road shall be
used.[Amended 3-7-2005 ]
RIVER — A free-flowing body of water from a point providing drainage for a watershed of 25 square
miles to its mouth.
SERVICE BUSINESS — A business whose principal use is the provision of services on a fee or contract
basis. This term does not include automobile repair service. This term does not include the growing or
dispensing of medical marijuana by medical marijuana dispensaries, caregivers, or patients.[Amended
2-5-2018 by Ord. No. 2018-07 ; 8-20-2018 by Ord. No. 2018-97 ]

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City of Westbrook, ME

§ 335-1.8 WESTBROOK CODE § 335-1.8

SHORT-TERM CARE FACILITY — A facility that provides nursing care, including related medical
and/or psychiatric services, on a twenty-four-hour-per-day basis for no more than 45 consecutive days to
individuals due to illness, disease, physical infirmity, or behavioral health disorder where an individual's
needs do not require hospital care. A short-term care facility shall be certified or licensed by the State of
Maine prior to occupancy of the facility.[Added 5-15-2023 by Ord. No. 2023-53 ]
SIGN — Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol
or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to
communicate information of any kind to the public.[Added 8-3-2020 by Ord. No. 2020-78 ]
SOLAR ENERGY SYSTEM — A solar photovoltaic cell, module or array, or solar hot air or water
collector device, which relies upon solar radiation as an energy source for collection, inversion, storage,
and distribution of solar energy for electricity generation or transfer of stored heat. Such system may be
either freestanding or building mounted and may include the following elements:[Added 8-2-2021 by
Order No. 2021-73 ]

A. Solar array: a grouping of multiple solar modules with the purpose of harvesting solar energy.

B. Solar cell: the smallest basic solar electric device which generates electricity when exposed to light.

C. Solar module: a grouping of solar cells with the purpose of harvesting solar energy.
SOLAR ENERGY SYSTEM, ACCESSORY COMMERCIAL (ACSES) — A solar energy system used to
capture solar energy, convert it to electrical energy, or thermal power, intended to supply the electrical or
thermal power to reduce the on-site consumption of utility power or fuels by a principal commercial use
on the same parcel. A system shall not be designed to create additional power, but additional power may
result from on-site use that is less than the designed capacity.[Added 8-2-2021 by Order No. 2021-73 ]
SOLAR ENERGY SYSTEM, COMMERCIAL (CSES) — A solar energy system principally used to
capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power
for off-site use.[Added 8-2-2021 by Order No. 2021-73 ]
SOLAR ENERGY SYSTEM, RESIDENTIAL (RSES) — A solar energy system used to capture solar
energy, convert it to electrical energy, or thermal power, intended to supply the electrical or thermal power
to reduce on-site consumption of utility power or fuels by the residential use. A system shall not be
designed to create additional power, but additional power may result from on-site use that is less than the
designed capacity.[Added 8-2-2021 by Order No. 2021-73 ]
SOLID WASTE — Useless, unwanted, or discarded solid material with insufficient liquid content to be
free-flowing. This includes, but is not limited to, rubbish, garbage, scrap materials, junk refuse, inert fill
material, recyclable goods, and landscape refuse. This definition does not including septic tank sludge and
agricultural waste.
SPECIAL EXCEPTION — See "conditional use."
STRUCTURE — Anything constructed or erected with a fixed location on or in the ground, or attached
to something having a fixed location on or in the ground, including, but not limited to, buildings, mobile
homes, retaining walls, billboards, signs, piers and floats.
SUBDIVISION — As defined in 30-A M.R.S.A. § 4401.[Amended 11-17-2014 ; at time of adoption of
Code (see Ch. 1, General Provisions, Art. II)]
SUBSTANDARD LOT OF RECORD — A lot of record as defined by this chapter that was lawfully
established prior to the effective date of this chapter which does not conform to one or more of the
minimum lot size or dimensional requirements of this chapter.

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City of Westbrook, ME

§ 335-1.8 LAND USE § 335-1.8

TELECOMMUNICATIONS FACILITY — Any system of antennas, wires, poles, rods, reflecting devices,
or similar devices for the wireless transmission and reception of voice or data, attached to the exterior of a
building or structure.[Amended 3-3-2014 ; 3-18-2019 by Ord. No. 2019-45 ]
TELECOMMUNICATIONS TOWER — Any structure designed and constructed primarily for the
purpose of supporting one or more telecommunications antenna, including but not limited to monopoles,
guyed towers, and lattice towers.[Amended 3-3-2014 ]
TEMPORARY SIGNAGE — A sign that is intended to be used for a brief period of time and in
compliance with the ordinance standards.[Added 8-3-2020 by Ord. No. 2020-78 ]
THEATER — A building, or part of a building, used to show motion pictures or for drama, dance, musical
or other live performances.
TIMBER HARVESTING — The cutting and removal of trees from their growing site and the attendant
operation of cutting and skidding machinery, but not the construction or creation of roads or the clearing
of land for approved construction.
UNUSABLE LAND — An environmentally sensitive area which, if disturbed or destroyed, can adversely
affect unique ecological balances in the environment. Although specific areas require a case-by-case
analysis, the following factors may be included in the determination of unusable land:

A. Areas of slope in excess of 25%.

B. Areas of very poorly drained soils, experiencing year-round water within 15 inches of the surface
as identified by the most current version of the Soil Survey: Cumberland County, Maine, Natural
Resources Conservation Service. [Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]

C. Any area identified as a wetland. The wetland area has been identified as having one or more critical
purposes as determined by a licensed soil scientist of the State of Maine during a site evaluation.
[Amended 3-18-2019 by Ord. No. 2019-45 ]

D. Any area within the 100-year flood boundary, as delineated on the Flood Insurance Rate Map of the
National Flood Insurance Program.

E. Unique wildlife areas as identified in the review process or by the State of Maine's botanical or natural
areas programs.
UTILITIES — All facilities, public or private, related to the provision, distribution, collection,
transmission, or disposal of water, storm sewage, sanitary sewage, oil, gas, heat, steam, power,
information, telecommunications and telephone cable.[Amended 6-7-2010 (effective as of 3-24-2008);
9-12-2022 by Ord. No. 2022-105 ]
VETERINARY CLINIC — A place where animals or pets are given medical or surgical treatment and are
cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and
shall be only incidental to such hospital use.
VOCATIONAL EDUCATION FACILITY — A public or private facility providing educational
instruction in skilled trades such as mechanics or carpentry.[Amended 6-7-2010 (effective as of
3-24-2008)]
WAREHOUSING — A use engaged in the storage and transport of products manufactured elsewhere. This
term does not include the growing or dispensing of medical marijuana by medical marijuana dispensaries,
caregivers, or patients.[Amended 6-7-2010 (effective as of 3-24-2008); 8-20-2018 by Ord. No. 2018-97 ]

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City of Westbrook, ME

§ 335-1.8 WESTBROOK CODE § 335-1.8

WATER PARK — A commercial recreation facility that features water play areas, such as swimming
pools, water slides, splash pads, and water playgrounds, as well as areas for bathing and swimming.[Added
4-22-2019 by Ord. No. 2019-58 ]
YARD — A space which may be occupied only by steps into or out of a principal structure, a fence, wall,
or other yard accessories, landscaping for screening purposes, and by a driveway.
YARD SETBACK — The minimum space in which a primary or accessory structure must be placed away
from the appropriate lot line.
YARD SETBACK, FRONT — An open space extending the width of a lot, from sideline to sideline,
between the front lot line and the nearest part of a building on the lot.
YARD SETBACK, REAR — An open space in the rear of the yard extending the width of a lot from
sideline to sideline, between the rear lot line and the nearest part of a building on the lot. A corner lot has
no rear yard.
YARD SETBACK, SIDE — An open space extending along a side line of a lot from the front yard to the
rear yard between the side line and the nearest part of a building on the lot.

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City of Westbrook, ME

§ 335-2.1 LAND USE § 335-2.2

ARTICLE II
General Provisions

§ 335-2.1. Applicability.

The following general regulations in this article apply to this chapter.

A. Owner/lessee. The regulations pertaining to an owner of property also pertain to a lessee.

B. Person. The regulations pertaining to a person apply also to a partnership, corporation, or any other
legal entity.

§ 335-2.2. Accessory dwelling unit. [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

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City of Westbrook, ME

§ 335-2.2 WESTBROOK CODE § 335-2.3

(single-family dwelling).

(6) No additional off-street parking is required for the ADU beyond the requirement of the single-
family dwelling unit.

(a) Prior to the issuance of a building permit or certificate of occupancy for the ADU, the lot
must demonstrate adequate off-street parking is provided for the single-family dwelling
unit as required in § 335-13.6B.

(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.

§ 335-2.3. Adult-use/retail marijuana. [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.

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City of Westbrook, ME

§ 335-2.3 LAND USE § 335-2.6

(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.

§ 335-2.4. Artisan food and beverage. [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.

C. Parking will be held to the following standards:

(1) City Center District: No off-street parking is required.

(2) All other zones will comply with the following off-street parking standards as stated in
§ 335-13.6B, Parking and loading design and site circulation:

(a) Businesses with no customer seating provided: general retail.

(b) Businesses with customer seating provided: restaurant.

§ 335-2.5. Automobile dealership. [Amended 1-5-2015 ]

Automobile dealerships are a permitted use in the Gateway Commercial District north of the Westbrook
arterial.

§ 335-2.6. Boarding kennel. [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.

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City of Westbrook, ME

§ 335-2.6 WESTBROOK CODE § 335-2.9

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.

§ 335-2.7. Bottle club. [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.

§ 335-2.8. Clustering. [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.

§ 335-2.9. Congregate care facilities.

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:

(1) Where at least one living mate is at least 55 years old or more.

(2) Where a person less than 55 years of age has a physical disability which necessitates congregate
care living.

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.

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§ 335-2.9 LAND USE § 335-2.12

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.

§ 335-2.10. Dwelling unit ownership.

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.10

§ 335-2.11. Exceptions to height limitations.

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.

§ 335-2.12. Extractive industry.

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.

10. Editor's Note: Original § 202.4, which immediately followed this section, was repealed 11-17-2014.

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§ 335-2.12 WESTBROOK CODE § 335-2.13

(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).

§ 335-2.13. Flag lots. [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.

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§ 335-2.13 LAND USE § 335-2.14

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.

G. If the creation of the flag lot creates a subdivision as defined in § 335-1.8 of this chapter, the
application must receive subdivision approval from the Planning Board in accordance with Article
XIII of this chapter.

§ 335-2.14. Home day-care provider, day-care center and child-care center. [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

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City of Westbrook, ME

§ 335-2.14 WESTBROOK CODE § 335-2.20

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.

§ 335-2.15. (Reserved)11

§ 335-2.16. Land partially in other municipalities.

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.

§ 335-2.17. Land surveyors.

Where this chapter requires a land surveyor, he/she must be licensed in accordance with Maine law.

§ 335-2.18. Lot partially in two districts. [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.

§ 335-2.19. Manufactured housing on individual lots.

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.

§ 335-2.20. Medical marijuana. [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:

11. Editor's Note: The definition of "home occupation" which originally appeared in this section has been moved to § 335-1.8,
Definitions.

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City of Westbrook, ME

§ 335-2.20 LAND USE § 335-2.20

(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:

(1) Any advertisement contained within a newspaper, magazine or other periodical of general
circulation within the City or on the internet; and

(2) Advertising which is purely incidental to sponsorship of a charitable event not geared to or for
the benefit of children or youth.

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:

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City of Westbrook, ME

§ 335-2.20 WESTBROOK CODE § 335-2.20

(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.

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City of Westbrook, ME

§ 335-2.20 LAND USE § 335-2.21

(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.

(6) Parking.

(a) For a medical marijuana dispensary, the parking requirement will be one space per 250
square feet of space that patients have access to.

(b) For a medical marijuana caregiver cultivation facility, the parking requirements would be
one space per employee on the largest shift.

(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.

G. Performance standards for marijuana caregiver cultivation facility.

(1) Size limitation. A facility shall not exceed 3,000 square feet in area.

(2) A facility owner cannot be permitted more than one location in the City of Westbrook.

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.

§ 335-2.21. Multiple-family structures and conditional uses.

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

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City of Westbrook, ME

§ 335-2.21 WESTBROOK CODE § 335-2.27

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.

§ 335-2.22. Odor threshold.

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.

§ 335-2.23. (Reserved)12

§ 335-2.24. Only permitted uses allowed.

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.

§ 335-2.25. Order of precedence for conditional use or variance.

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.

§ 335-2.26. Prohibited uses. [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.

§ 335-2.27. Provisions applicable to all zones.

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.

12. Editor's Note: Former § 335-2.23, One unit, one household, was repealed 9-12-2022 by Ord. No. 2022-105.

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City of Westbrook, ME

§ 335-2.27 LAND USE § 335-2.29.1

B. Parking and loading. Unless otherwise specified for a particular district, the parking and loading
standards required by this chapter must meet the standards set forth in § 335-13.6B.

C. Recreation or open space. The requirements for recreation and open space for new housing
construction must meet the standards set forth in § 335-13.3H of this chapter.

§ 335-2.28. Public records.

All documents and records required by this chapter are public records, according to state statute.

§ 335-2.28.1. Restaurant Class 3. [Added 3-6-2023 by Ord. No. 2023-27 ]

A. Parking shall meet the requirements of § 335-13.6B.

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.

§ 335-2.29. Structures. [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.

§ 335-2.29.1. Solar Energy Systems (SES). [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

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§ 335-2.29.1 WESTBROOK CODE § 335-2.29.1

§ 335-13.5, Site plan review. In determining applicability of site plan review:

(a) The perimeter of a ground-mounted solar energy system shall be utilized in determining
the size of a new structure.

(b) A roof mounted solar energy system shall not be considered an expansion or alteration of
an existing structure.

(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.

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City of Westbrook, ME

§ 335-2.29.1 LAND USE § 335-2.29.1

(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.

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City of Westbrook, ME

§ 335-2.29.1 WESTBROOK CODE § 335-2.30

(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.

§ 335-2.30. Telecommunications. [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

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City of Westbrook, ME

§ 335-2.30 LAND USE § 335-2.30

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

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City of Westbrook, ME

§ 335-2.30 WESTBROOK CODE § 335-2.30

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.

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City of Westbrook, ME

§ 335-3.1 LAND USE § 335-3.3

ARTICLE III
Nonconformance
[Added 11-4-2019 by Ord. No. 2019-172 13]

§ 335-3.1. Purpose.

The intent of this article is to regulate nonconforming lots, uses and structures. This article intends to be
realistic so that nonconforming vacant lots of record can be reasonably developed, nonconforming existing
structures can be properly maintained or repaired, and nonconforming uses can continue to be changed
to other less nonconforming uses or to conforming uses. When nonconforming uses cease operation, the
intent of these regulations is not to allow them to be reestablished after a twelve-month period of dormancy.
These regulations are designed for the betterment of the community and for the improvement of property
values.

§ 335-3.2. General provisions.

A. Continuance, enlargement or reconstruction. Any use of land or any structure, or parts thereof, legally
existing at the time of the adoption of this chapter, or at any time a zone is changed by amendment
hereafter, which does not conform to the requirements of this chapter or its amendments may
continue, but may not be extended, reconstructed, enlarged, or structurally altered except as specified
by this chapter.

B. Transfer of ownership. Ownership of lots, structures and uses which remain lawful but become
nonconforming by the adoption or amendment of this article may be transferred, and the new owner
may continue the nonconforming use or continue to use the nonconforming structure or lot, subject
to the provisions of this article.

C. In addition to the standards outlined below, nonconforming structures, lots and uses located within
the Shoreland Protection Overlay Zone shall conform to the standards outlined in § 335-8.12 of this
chapter. Whenever a provision of this article conflicts with or is inconsistent with a provision in
§ 335-8.12, the provisions of § 335-8.12 shall prevail.

§ 335-3.3. Nonconforming use.

A. Existing nonconforming use.

(1) A residential nonconforming use may be extended, altered or expanded without a variance. Any
increase in building footprint must conform to the performance standards of the zoning district
in which it is located. The expansion or creation of one accessory structure to a nonconforming
residential structure shall be permitted.

(2) Unless otherwise stated in this article, a nonresidential nonconforming use of a building or
structure shall not be extended throughout other parts of the building or structure unless those
parts of the building or structure were manifestly arranged or designed for such use prior to the
adoption of this chapter or of any amendment making such use nonconforming.

B. Change of a nonconforming use.

(1) An existing nonconforming use may be changed to another nonconforming use if the Code
Enforcement Officer determines that the proposed use is less intrusive than the current use.

13. Editor's Note: Ordinance No. 2019-172 also repealed original Sec. 203, Nonconforming Use Provisions.

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City of Westbrook, ME

§ 335-3.3 WESTBROOK CODE § 335-3.4

(2) If a nonconforming use is changed to a conforming use by this article, it must remain a
conforming use thereafter.

C. Discontinuance of a nonconforming use. If a nonconforming nonresidential use is discontinued for

12 consecutive months, as determined by the Code Enforcement Officer, it shall thereafter be utilized
as a permitted use or conditional use, in accordance with the performance standards in the zoning
district in which it is located.

D. Extractive industry nonconforming use.

(1) Where the nonconforming use is an extractive industry, it shall be considered a prohibited
extension or enlargement of the use to do any of the following:

(a) Increase the amount of materials lawfully extracted from the site on a monthly basis. This
increase shall be determined based upon an average of the amount of materials lawfully
extracted on a monthly basis during the operating months of the extractive industry over
the immediate prior five years.

(b) Move lawfully existing processing operations to another location on the property.

(c) Increase the amount of truck traffic generated on a daily basis. The increase shall be
determined based upon an average of the number of truck trips generated on a daily basis
during the operating months of the extractive industry over the immediate prior five years.

(d) Establish any type of extractive industry use on adjacent property that was not part of the
parcel on which excavation occurred on the date of the adoption of the ordinance,
ordinance amendment or map amendment that made the extractive industry a
nonconforming use.

(e) Relocate to another location on the site extraction activities in lawful existence at the time
of the adoption of the ordinance, ordinance amendment or map amendment that made the
use nonconforming unless the operator of the extractive industry demonstrates to the Code
Enforcement Officer the following:

[1] The area proposed for extraction activities was clearly intended to be excavated
before the adoption of the ordinance, ordinance amendment or map amendment that
made the use nonconforming, as measured by objective manifestations and not by
subjective intent; and

[2] The relocated operations will not have a substantially different and adverse impact
on the adjacent neighborhood, including but not limited to traffic generation, dust,
noise and vibrations.

(2) For the purposes of this Subsection D, evidence of objective manifestations of intent to excavate
an area may include, but is not limited to, Planning Board approval of a plan for an extractive
industry for the site, including the area where the relocation is proposed, regardless of whether
extraction has commenced in that area before the adoption of the ordinance, ordinance
amendment or map amendment that made the extractive industry a nonconforming use.

§ 335-3.4. Nonconforming structure.

A. Expansions of a nonconforming structure.

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City of Westbrook, ME

§ 335-3.4 LAND USE § 335-3.6

(1) A nonconforming structure may be expanded, provided that the expansion does not increase the
nonconformity of the structure, as determined by the Code Enforcement Officer. Expansions of
a nonconforming structure that meet the standards of the zone in which it is located are
permitted.

(2) The placing of a foundation below a lawfully existing nonconforming structure shall not
constitute the expansion of the structure, provided that the first-floor space of the structure is
not increased, and provided that the maximum height limit within the zone is not exceeded.

B. Restoration or replacement of a nonconforming structure.

(1) The normal upkeep and maintenance of nonconforming structures, including repairs,
renovations and modernizations which do not involve expansion of the nonconforming
structure, or any other changes in the structure as required by federal, state or local building and
safety codes are permitted.

(2) Any nonconforming structure which is hereafter damaged or destroyed by fire or any cause
other than the willful act of the owner or their agent, as determined by the Code Enforcement
Officer, may be restored or reconstructed within one year of the date of said damage or
destruction, or two years within the date of fire damage, provided that the restoration or
replacement structure does not increase in nonconformity.

§ 335-3.5. Nonconforming lots. [Amended 9-12-2022 by Ord. No. 2022-105 ]

A. Vacant lots. Except in the Shoreland Zone, where a vacant nonconforming lot was part of a
subdivision approved in conformance with City and state subdivision regulations and statutes, said
lot may be constructed upon in accordance with the zoning requirements in effect at the time the lot
was lawfully established, provided the proposed use is a permitted one. This provision shall apply
only to a vacant lot that has never been built upon.

B. A single nonconforming lot which, at the effective date of this chapter, does not meet the minimum
lot size or minimum road frontage may be built upon without a variance, provided that such lot is not
contiguous with any other lot in the same ownership, and provided further that all other provisions of
this chapter are met.

C. Where a nonconforming lot cannot meet the yard setback requirements of this chapter, the Zoning
Board of Appeals may grant a variance in accordance with provisions of Article XV. No variance
shall be granted if the lot is by deed connected to an adjacent lot in the same ownership and their
combination meets the standards of the Zoning District in which the lots are located.

D. If two or more contiguous lots or parcels are in single or joint ownership of record and if any of said
lots or parcels does not individually meet the dimensional requirements of this chapter or subsequent
amendments, and if one or more of the lots are vacant or contain only an accessory structure, the lots
or parcels shall be combined to the extent necessary to meet all applicable dimensional standards.
This provision does not apply to a nonconforming lot that was part of a subdivision approved in
conformance with City and state subdivision regulations and statutes.

§ 335-3.6. Nonconforming lots in the Residential Growth Area 1 or Residential Growth Area 2
districts. [Amended 9-12-2022 by Ord. No. 2022-105 ]

The following design standards must be used when new residential construction is proposed for a
nonconforming lot located in the Residential Growth Area 1 or Residential Growth Area 2 districts. The

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City of Westbrook, ME

§ 335-3.6 WESTBROOK CODE § 335-3.6

purpose of these standards is to ensure that increased density in established neighborhoods makes a positive
contribution to the character of the City's urban neighborhoods, while continuing to provide housing for
all members of the community. Architectural similarity, not sameness, together with similarity in scale and
massing, are the key focus of these standards.

A. The measurement of the immediate neighborhood is as follows:

(1) On the same side of the street, by counting six houses to the left and six houses to the right of
the proposed building; and

(2) On the opposite side of the street, by counting the house most directly opposite the proposed
building and then counting six houses to the right and six houses to the left.

B. Building construction material. Buildings must be constructed on a foundation and framed on the site,
unless the building meets the state modular home guidelines.

C. Building design.

(1) Porches. There must be a porch at all main entrances that face the street or private way. In the
case of corner lots, the main entrance that faces the most traveled way shall be used. New homes
are required to have a porch if either of the following situations exists: if an existing home on
either side of the building lot has a porch or 50% or more of the homes in the immediate
neighborhood of the proposed building have porches.

(a) Single-story buildings. The porch or deck of a single-story building is not required to have
a roof but must be at least three feet wide and three feet deep.

(b) Two- or more story buildings.

[1] If the porch projects out from the building it must have a roof.

[2] If the roof of a required porch is developed as a deck or balcony, it may be flat,
otherwise the roof must have a similar pitch to the main building.

[3] If the main entrance is to a single dwelling, the covered area provided by the porch
must be designed in a similar style and dimension to an existing porch in the
immediate neighborhood. The style chosen shall be approved by the Code
Enforcement Officer.

[4] If the main entrance is to more than one dwelling unit, the covered area provided by
the porch(es) must at least cover the main entrances to the building and be designed
in a similar style and dimension to an existing porch in the immediate neighborhood.
The style chosen shall be approved by the Code Enforcement Officer.

(c) In all cases, if no applicable porch designs are available in the immediate neighborhood,
the Code Enforcement Officer may approve an alternate design that best matches the roof
slopes and design of the proposed building.

(2) Columns. If the front porch at a main entrance provides columns as supports, the columns may
not be unadorned four-by-four posts or wrought iron.

(3) Windows and doors. Street-facing windows must be vertical. Where abutting properties have
sash that are divided, then new buildings shall have complementary window designs. Windows
in rooms with a finished floor height four feet or more below grade are exempt from this

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City of Westbrook, ME

§ 335-3.6 LAND USE § 335-3.6

standard.

(4) Roofs.

(a) Pitch. Primary structures must have a sloped roof with a pitch that is similar to abutting
properties. The use of flat roofs must use the following:

[1] The cornice meets the following conditions:

[a] There must be two parts to the cornice. The top part of the cornice must project
at least six inches from the face of the building and be at least two inches further
from the face of the building than the bottom part of the cornice; and

[b] The height of the cornice is based on the height of the building as follows:
buildings 10 feet tall or less must have a cornice at least six inches high.

(b) Buildings greater than 10 feet and less than 35 feet in height must have a cornice at least
12 inches high.

(c) Eaves. Roof eaves must project from the building wall at least 12 inches on all elevations.
Buildings that take advantage of the cornice option are exempt from this standard.

(5) Landscaping. Landscaping must be provided as follows:

(a) At least one tree, of a two-inch-minimum caliper, must be provided in front of each
residential structure. On corner lots, there must be one tree for each 50 feet of frontage on
the side street. Such tree(s) shall be guaranteed by the landowner for a minimum of one
year.

(b) Screening shall be provided in the nondriveway side yard in order to provide a buffer to
the adjacent lot. The Code Enforcement Officer shall determine that such screening meets
the intent of this requirement.

(6) Vehicle areas.

(a) Parking areas and driveways must be located to the side of the primary structure's street-
facing facade.

(b) Attached garages must be set back at least four feet further from the property's front lot
line than the primary structure's street-facing facade is set back from the property's front
lot line.

(7) Height. Building height shall not exceed the average height of houses in the immediate
neighborhood in existence prior to the proposed subdivision or individual home.

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City of Westbrook, ME

§ 335-4.1 LAND USE § 335-4.1

ARTICLE IV
Conditional Uses
[Amended 5-19-2008 ; 4-5-2010 ; 4-3-2017 ]

§ 335-4.1. Planning Board.

The Planning Board shall be responsible for conditional use reviews in accordance with this article. Where
a home day-care provider, day-care center or child-care center use is proposed and where that use requires
approval of a conditional use, the requirements of § 335-2.14, Home day-care provider, day-care center or
child-care center, shall supersede all requirements below, except those of § 335-4.5, Notice of conditional
use application.

A. An applicant who seeks a use by conditional use shall submit to the Board diagrams or photographs,
which become part of the record, illustrating the proof required by this section. He/she must prove
the following:

(1) Certain requirements met. That the use requested meets the dimension, parking, loading, and
sign requirements of this article. Otherwise, the applicant must also request an appropriate
variance. Applications for conditional use permits must also meet the standards of subdivision
or site review, depending on the applicability of the application.

(2) Value. That the use requested will not significantly devalue abutting property or property across
public or private way. In making its determination, the Board shall take into consideration the
type of structure proposed, the topography of the area, the market value of the surrounding real
estate, the availability of utilities, traffic conditions, and other relevant factors.

(3) Effects of land use. That the use granted will:

(a) Maintain safe and healthful conditions.

(b) Not cause water pollution, erosion, or sedimentation.

(c) Not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife
habitat.

(d) Conserve shared tree cover and visual, as well as actual, access to water bodies.

(e) Not burden on-site septic or off-site waste disposal.

(f) Not burden existing public ways.

(4) Performance standards. That the use granted is compatible with adjacent land uses and that it
meets the following performance standards:

(a) Landscape environment and enhancement. The landscape must be preserved in its natural
state insofar as practicable. It must be designed so as to stabilize the slopes and buffer the
site, where necessary;

(b) Surface water drainage. Surface water drainage must not have an adverse effect on
surrounding properties, downstream water quality, soil stability, or the storm drainage
system;

(c) Water, air, soil pollution. The development will not cause unreasonable water, air, or soil
pollution;

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City of Westbrook, ME

§ 335-4.1 LAND USE § 335-4.5

(d) Soil integrity. The development will not cause unreasonable soil erosion or reduction in
the capacity of the soil to hold water;

(e) Natural environment. The development must not have an unreasonably adverse effect on
an historic site or irreplaceable natural areas;

(f) Nuisance factor. The development must not cause unreasonable noise, odors, dust, gas,
fumes, smoke, light or other annoying or dangerous emissions;

(g) Special features. Exposed storage areas, machinery installation, service and loading areas,
and similar facilities must be set back, screened, or buffered so as to minimize any possible
adverse effect on the surrounding uses;

(h) Vehicular access. The site layout must provide for safe vehicular access and egress,
including that for emergency vehicles;

(i) Parking and circulation. The layout of vehicular and pedestrian traffic patterns must
provide for safe interior circulation, separation of pedestrian and vehicular traffic, and
storage of plowed snow, and the parking shall comply with the parking requirements set
forth in § 335-13.6B(1) to (4), regardless of whether the conditional use requires site plan
review; and

(j) Public services. The development must not impose an unreasonable burden on the water
supply and sewage disposal systems, fire or police services, public ways, schools,
recreational facilities, and other public services or facilities.

B. The applicant must present detailed information in the form of diagrams, photographs and drawings
and such engineering data as deemed necessary by the Board. If the Board finds that the applicant can
construct the building in such a manner as to not endanger the health or safety of the occupants, it
shall grant him a building permit, subject to such condition as it deems necessary.

§ 335-4.2. Special conditions.

In granting an exception, the Planning Board may impose special conditions consistent with the purposes
of this chapter and with the Comprehensive Plan, with which the applicant must comply. The conditions
shall be stated specifically in a copy of the decision, and the copy shall be mailed to the applicant.

§ 335-4.3. Time limitations of rights granted by Planning Board.

A conditional use granted by the Planning Board expires unless the work necessary to accomplish the
purpose for which it was requested is commenced within one year and completed within two years after it
was granted, or is completed in accordance with a phased completion schedule proposed by the applicant
and approved, or modified and approved, by the Board and incorporated in its decision granting the
exception. In determining whether work has been completed in accordance with an approved schedule,
allowances may be made for delays in scheduled completions caused by inclement weather, strike, or acts
of a natural nature.

§ 335-4.4. Appeal.

The applicant, abutting landowner, or aggrieved party may appeal a conditional use decision of the
Planning Board to the Superior Court of the State of Maine within 30 days of the Planning Board decision.

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City of Westbrook, ME

§ 335-4.5 WESTBROOK CODE § 335-4.5

§ 335-4.5. Notice of conditional use application.

Notice of conditional use applications shall be mailed to property owners within 500 feet of the property
submitting for a conditional use.

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City of Westbrook, ME

§ 335-5.1 LAND USE § 335-5.1

ARTICLE V
Zoning Districts14

§ 335-5.1. City Center District. [Amended 3-7-2005 ; 6-6-2005 ; 4-5-2010 ; 3-3-2014 ; 11-17-2014 ]

The purpose of the City Center Zoning District is to create a flexible atmosphere for the return of the
Downtown to a prominent regional service center. Flexible setbacks will be balanced with an overlay
of design standards to encourage new development that will be consistent with the goals established
in the City's Comprehensive Plan, Downtown Revitalization Plan, Downtown Parking Plan, Downtown
Streetscape Plan and Westbrook Riverfront Master Plan.

A. Permitted uses. The following uses are permitted in the City Center District as a matter of right:

Accessory Use
Bank Class 2
Bed-and-Breakfast Classes 1 and 2
Business Office
Child-Care Center
Club or Lodge
Congregate Care Facility
Day-Care Center
Dwelling, Single-Family
Dwelling, Two-Family
Dwelling, Multiple-Family
Education Facility [Added 3-18-2019 by Ord. No. 2019-45 15]
Food Cart Vendors
Home Occupation
Horticulture
Hotel [Amended 3-18-2019 by Ord. No. 2019-45 ]
Library [Amended 3-18-2019 by Ord. No. 2019-45 ]
Media Studio Class 2
Municipal Facility
Museum [Added 3-18-2019 by Ord. No. 2019-45 ]
Medical Office
Neighborhood Grocery
Parking Facility
Private Indoor Recreation Facility

14. Editor's Note: See also Table 1: Land Use Table, included as an attachment to this chapter.
15. Editor's Note: Ordinance No. 2019-45 also repealed the entry for "educational/vocational" which appeared in this subsection.

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City of Westbrook, ME

§ 335-5.1 WESTBROOK CODE § 335-5.1

Restaurant Class 2
Retail Class 1 and Class 3
Service Business
Solar Energy System, ACSES [Added 8-2-2021 by Order No. 2021-73 ]
Solar Energy System, RSES [Added 8-2-2021 by Order No. 2021-73 ]
Telecommunications Facility
Utilities [Added 9-12-2022 by Ord. No. 2022-105 ]
Vocational Education Facility [Added 3-18-2019 by Ord. No. 2019-45 ]

B. Conditional use.

(1) The following uses are permitted in the City Center District as a conditional use under Article
IV:

Artisan Food and Beverage [Added 3-18-2019 by Ord. No. 2019-40 ]

Bank Class 1
Boarding Home for Sheltered Care
Boardinghouse or Lodging House
Church
Community Center
Community-Based Residential Facilities
Community Living Arrangement
Home Day-Care Provider
Light Manufacturing
Research and Development
Theater

(2) Notwithstanding the requirements of § 335-4.1A(4)(i), conditional uses other than home day-
care providers shall not be required to provide off-street parking.

C. Performance standards. The following performance standards apply in the City Center District:

(1) Minimum lot size: None.

(2) Dimension requirements:

(a) There are no dimension requirements for yard depths.

(b) Maximum height is negotiable during site plan review. [Amended 12-4-2023 by Ord. No.
2023-127 ]

(3) Maximum footprint factor: 100%.

(4) Maximum gross density factor: 100%.

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City of Westbrook, ME

§ 335-5.1 LAND USE § 335-5.1

(5) Landscaping factor. As required by the reviewing authority. [Amended 1-6-2020 by Ord. No.
2019-193 ]

(6) Residential density factor:

(a) One dwelling unit per 2,500 square feet of base site area. [Amended 9-12-2022 by Ord.
No. 2022-106 ]

(b) A density bonus is afforded within the Downtown District, as shown on the Westbrook
Zoning Map, and the following specific map/lot locations (M32/L121 and M32/L122): a
density bonus is permitted, in the areas stated above, of up to five times the underlying
residential density factor (base density) provided all other provisions for the dwelling unit
are met. For structures with four or more stories, the residential density factor is negotiable
during subdivision/site plan review. [Added 1-6-2020 by Ord. No. 2019-193 ; amended
12-4-2023 by Ord. No. 2023-127 ]

(7) Minimum unit size: Each dwelling unit shall contain at least 350 square feet of floor area.
[Added 9-12-2022 by Ord. No. 2022-106 16; amended 12-4-2023 by Ord. No. 2023-127 ]

(8) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
no direct lighting is emitted beyond lot lines.

(9) Noise. Noise levels must not exceed existing levels at the exterior limits of the property.

(10) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(11) Odors. Odors must not exceed existing levels at the lot lines.

(12) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operation level of service and pedestrian safety along the lot
frontage and at the nearest intersection in both directions.

(13) Storage of materials. All materials must be stored within an enclosed structure so as to be
screened from view.

(14) Parking requirements. The parking requirements of Article XIII are only applicable to the
following uses in the City Center District: home day-care provider, day-care center, child-care
center, and dwelling, single-family, two-family and multiple-family.

(15) For properties located in the Downtown District as shown on the Westbrook Zoning Map, and
the following specific map/lot locations (M32/L121 and M32/L122), the following standards
apply: [Added 1-6-2020 by Ord. No. 2019-193 ]

(a) Parking requirements. A minimum of one on-site parking space must be provided per
dwelling unit. This standard may be reduced during subdivision/site plan review with a
transportation management plan.

(b) Residential uses are prohibited on street level in structures adjacent to the following rights-
of-way: Main Street, Stroudwater Street, Harnois Avenue, and Cumberland Street.
[Amended 9-12-2022 by Ord. No. 2022-105 ]

D. Telecommunications facilities. For provisions concerning telecommunications facilities, see

16. Editor's Note: This order also renumbered former Subsection C(7) through (14) as Subsection C(8) through (15).

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City of Westbrook, ME

§ 335-5.1 WESTBROOK CODE § 335-5.2

§ 335-2.30A.

§ 335-5.2. Residential Growth Area 1. [Amended 3-7-2005 ; 11-17-2014 ]

The purpose of the Residential Growth Area 1 Zone is to provide urban core community densities to
support the Downtown center. Reduced setbacks will permit the infill of vacant properties in areas that are
already served by municipal infrastructure.

A. Permitted uses. The following uses are permitted in the Residential Growth Area 1 as a matter of
right:

Accessory Uses
Bed-and-Breakfast Class 2
Congregate Care Facility
Dwelling, Single-Family
Dwelling, Two-Family
Funeral Home
Home Occupation
Horticulture
Library [Amended 3-18-2019 by Ord. No. 2019-45 ]
Municipal Facility
Museum [Added 3-18-2019 by Ord. No. 2019-45 ]
Neighborhood Grocery
Nursing Homes [Added 5-15-2023 by Ord. No. 2023-53 ]
Solar Energy System, ACSES [Added 8-2-2021 by Order No. 2021-73 ]
Solar Energy System, CSES [Added 8-2-2021 by Order No. 2021-73 ]
Solar Energy System, RSES [Added 8-2-2021 by Order No. 2021-73 ]
Utilities [Added 9-12-2022 by Ord. No. 2022-105 ]

B. Conditional use. The following uses are permitted in the Residential Growth Area 1 as a conditional
use under Article IV:

Adult Day Care

Bed-and-Breakfast Class 1
Church
Community Center
Day-Care Center
Dwelling, Multiple-Family
Home Day-Care Provider
Hospital

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City of Westbrook, ME

§ 335-5.2 LAND USE § 335-5.3

Medical Office

C. Performance standards. The following performance standards apply in Residential Growth Area 1:

(1) Minimum lot size: 5,000 square feet existing; 7,500 square feet new.

(2) Dimension requirements:

(a) Minimum lot frontage: 50 feet existing; 65 feet new.

(b) Yard setbacks:

[1] Front: 15 feet.

[2] Rear: 15 feet.

[3] Side: 10 feet existing; 15 feet new.

(c) Maximum height: 40 feet.

(3) Maximum footprint factor: 40%.

(4) Maximum gross density factor: 70%.

(5) Landscaping factor: 30%.

(6) Residential density factor: one dwelling unit per 5,000 square feet.

(7) Lighting. All outdoor lighting must be of cutoff luminaire variety and must be installed so that
no direct lighting is emitted beyond lot lines.

(8) Noise. Noise levels must not exceed existing levels at the exterior limits of the building.

(9) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(10) Odors. Odors must not exceed existing levels at the lot lines.

(11) Screening. A plan for parking and screening is required for uses other than dwellings, single-
and two-family. Screening may include, but is not limited to, fencing or plantings.

(12) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operations levels of service and pedestrian safety along the lot
frontage and at the nearest intersection in both directions.

(13) Storage of materials. All materials must be stored within an enclosed structure so as to be
screened from view.

§ 335-5.3. Residential Growth Area 2. [Amended 10-21-2013 by Ord. No. 2013-188 ; 11-17-2014 ]

The purpose of the Residential Growth Area 2 is to develop suburban neighborhoods in areas that can be
easily served by municipal infrastructure. This zone is a mixture of older subdivisions and vacant land
that would best be served with interconnected road systems. Development, through density incentives, is
encouraged to bring water and sewer to sites.

A. Permitted uses. The following uses are permitted in the Residential Growth Area 2:

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City of Westbrook, ME

§ 335-5.3 WESTBROOK CODE § 335-5.3

Accessory Use
Adult Day-Care Center
Bed-and-Breakfast 1 [Added 3-18-2019 by Ord. No. 2019-45 ]
Bed-and-Breakfast 2 [Amended 3-18-2019 by Ord. No. 2019-45 ]
Cemetery
Congregate Care Facility
Dwelling, Single-Family
Dwelling, Two-Family
Farm
Home Occupation
Horticulture
Municipal Facility
Nursing Home
Solar Energy System, ACSES [Added 8-2-2021 by Order No. 2021-73 ]
Solar Energy System, CSES [Added 8-2-2021 by Order No. 2021-73 ]
Solar Energy System, RSES [Added 8-2-2021 by Order No. 2021-73 ]
Utilities [Added 9-12-2022 by Ord. No. 2022-105 ]

B. Conditional uses. The following uses are permitted in the Residential Growth Area 2 as a conditional
use under Article IV: [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]

Business Office 2
Church
Community Center
Day-Care Center
Dwelling, Multiple-Family
Home Day-Care Provider
Hospital
Medical Office
Neighborhood Grocery

C. Performance standards. The following performance standards apply in the Residential Growth Area
2:

(1) Minimum lot size: 10,000 square feet with sewer; 20,000 to 40,000 square feet without sewer.
Lot size for nonsewered subdivisions with lot sizes less than 40,000 square feet: In order to
reduce the potential impacts of phosphorus and nitrate groundwater pollution from untreated
communal septic system effluent and septic system failure, the determination of lot sizes will be
based on the following:

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City of Westbrook, ME

§ 335-5.3 LAND USE § 335-5.3

(a) Hydrological impact analysis. The applicant shall demonstrate the nitrate- and
phosphorus-carrying capacity of the property through the completion of a high-intensity
soil survey and subsurface wastewater disposal system exploration study. Specific
information must be included that quantifies the levels of nitrates and phosphorus that
leave the site. A certified soil scientist licensed in the State of Maine shall complete this
work.

(b) Communal septic systems. It is recommended that unsewered lots less than 40,000 square
feet in size be on a communal septic system, or any similar system that enables the project
to be connected to sewer lines, if and when they are extended to the property.

(2) Dimension requirements:

(a) Minimum lot frontage: 75 feet for lots 10,000 square feet; 100 feet for lots 20,000 to
40,000 square feet.

(b) Yard setbacks:

[1] Front: 10 feet existing; 15 feet new.

[2] Rear: 10 feet existing; 15 feet new.

[3] Side: 10 feet existing; 15 feet new.

[4] The Code Enforcement Officer may reduce the setback requirements for existing
structures to that of the average of adjacent properties, provided that no additional
dwelling units are added.

(c) Maximum height: 35 feet and limited to 2 1/2 stories.

(3) Maximum footprint factor: 30%.

(4) Maximum gross density factor: 40%.

(5) Landscaping factor: 60%.

(6) Residential density factor: one dwelling unit per 10,000 square feet with sewer; one dwelling
unit per 20,000 square feet to 40,000 square feet without sewer. Residential density factor for
nonsewered subdivisions with a density greater than one unit per 40,000 square feet: In order to
reduce the potential impacts of phosphorus and nitrate groundwater pollution from untreated
communal septic system effluent and septic system failure, the determination of lot sizes will be
based on the following:

(a) Hydrological impact analysis. The applicant shall demonstrate the nitrate- and
phosphorus-carrying capacity of the property through the completion of a high-intensity
soil survey and subsurface wastewater disposal system exploration study. Specific
information must be included that quantifies the levels of nitrates and phosphorus that
leave the site. A certified soil scientist licensed in the State of Maine shall complete this
work.

(b) Communal septic systems. It is recommended that unsewered projects developed at less
than 40,000 square feet in size be on a communal septic system, or any similar system that
enables the project to be connected to sewer lines, if and when they are extended to the
property.

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City of Westbrook, ME

§ 335-5.3 WESTBROOK CODE § 335-5.4

(7) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
that no direct lighting is emitted beyond lot lines.

(8) Noise. Noise levels must not exceed existing levels at the lot lines.

(9) Vibrations. Vibrations must not exceed existing levels at the lot lines.

(10) Odors. Odors must not exceed existing levels at the lot line.

(11) Screening. A plan for parking and screening is required for all uses other than dwellings, single-
and two-family. Screening may include, but is not limited to, fencing or plantings.

(12) Storage of materials. All materials must be stored within an enclosed structure so as to be
screened from view.

(13) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operations levels of service and pedestrian safety along the lot
frontage and at the nearest intersection in both directions.

§ 335-5.4. Residential Growth Area 3. [Amended 3-7-2005 ; 11-17-2014 ]

The purpose of this more rural zone is to create a similar growth pattern with the Falmouth border. This
zone also recognizes that public sewer is not likely to be extended in the near term. While the area is rural
in character, there is not an abundance of farmlands. The cluster density incentives are designed preserve
more open space, particularly around the Minnow Creek watershed. This zone is also designed to maintain
the rural character along Duck Pond Road and Route 302.

A. Permitted uses. The following uses are permitted in the Residential Growth Area 3:

Accessory Use
Cemetery
Dwelling, Single-Family
Dwelling, Two-Family
Dwelling, Manufactured Housing
Farm
Home Occupation
Horticulture
Municipal Facility
Neighborhood Grocery
Private Recreation Facility
Solar Energy System, ACSES [Added 8-2-2021 by Order No. 2021-73 ]
Solar Energy System, CSES [Added 8-2-2021 by Order No. 2021-73 ]
Solar Energy System, RSES [Added 8-2-2021 by Order No. 2021-73 ]
Utilities [Added 9-12-2022 by Ord. No. 2022-105 ]

B. Conditional use. The following uses are permitted in the Residential Growth Area 3 as a conditional

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City of Westbrook, ME

§ 335-5.4 LAND USE § 335-5.4

use under Article IV:

Adult Day-Care Center

Church
Community Center
Congregate Care
Day-Care Center
Home Day-Care Provider17

C. Performance standards: The following performance standards apply in the Residential Growth Area
3:

(1) Minimum lot size: 60,000 square feet for single lots; 20,000 square feet for subdivisions with
cluster designs.

(2) Dimension requirements:

(a) Minimum lot frontage: 100 feet.

(b) Yard depths:

[1] Front: traditional 30 feet; cluster 15 feet.

[2] Rear: traditional 30 feet; cluster 15 feet.

[3] Side: traditional 20 feet; cluster 15 feet.

(c) Maximum height: 35 feet, and limited to 2 1/2 stories.

(3) Maximum footprint factor: 15%; 25% for cluster

(4) Maximum gross density factor: 25%; 40% for cluster

(5) Landscaping factor: 75%; 60% for cluster

(6) Residential density factor: one dwelling unit per 60,000 square feet for single lots; one dwelling
unit per 40,000 square feet for cluster projects.

(7) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
that no lighting is emitted beyond lot lines.

(8) Noise. Noise levels must not exceed existing levels at the exterior limits of the building.

(9) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(10) Odors. Odors must not exceed existing levels at the exterior lot lines.

(11) Screening. A plan for parking and screening is required for all uses other than dwellings, single-
and two-family and manufactured housing. Screening may include, but is not limited to, fencing
or plantings.

17. Editor's Note: The former entry for "Nursing Home," which immediately followed, was repealed 5-15-2023 by Ord. No. 2023-53 .

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City of Westbrook, ME

§ 335-5.4 WESTBROOK CODE § 335-5.5

(12) Storage of materials. All materials must be stored within an enclosed structure so as to be
screened from view.

(13) Farm buffer. All newly created farms housing livestock, poultry, horses and other farm animals
must be kept a minimum of 50 feet from an abutting residential development.

(14) No direct driveway access to Duck Pond or Mast Road shall be permitted for subdivided lots.

(15) All lots created through subdivision review shall maintain a twenty-five-foot buffer between the
developed portion of the property and Duck Pond or Mast Road for any new development,
preserved through appropriate legal mechanisms. Selective cutting of trees and vegetation
within this strip is permitted, provided that a well distributed stand of trees and other vegetation
is maintained. Clearing of trees and vegetation shall be permitted to provide access to lots for
agricultural and timber harvesting purposes. Unless it can be shown that no other reasonable
alternatives exist, this clearing shall be no wider than 250 feet of road frontage.

(16) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operations levels of service and pedestrian safety along the lot
frontage and at the nearest intersection in both directions.

§ 335-5.5. Prides Corner Smart Growth Area. [Amended 3-7-2005 ; 11-14-2017 ]

The purpose of this "smart growth" area is to establish a growth pattern that is anti-sprawl in nature.
The standards for this zone will be flexible, encouraging a mixture of residential uses, as well as limited
commercial and industrial activity. It is the intent of this zone to follow the goals and objectives outlined
in "The Great American Neighborhood — Westbrook Route 302 Public Charrette." The map, scheme A is
referenced as part of the Zoning Map for the purpose of directing the pattern of development.

A. Permitted Uses.

Accessory Use
Automobile Repair
Banks Classes 1 and 2
Business Office
Dwelling, Single-Family
Dwelling, Two-Family
Dwelling, Multifamily
Home Occupation
Light Manufacturing
Medical Office
Municipal Facility
Nursing Homes, provided that the development is served by both public water and public sewer
[Added 5-15-2023 by Ord. No. 2023-53 ]
Retail Classes 1, 2 and 3 (footprint limited to 20,000 square feet)
Service Business

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City of Westbrook, ME

§ 335-5.5 LAND USE § 335-5.5

Solar Energy System, ACSES [Added 8-2-2021 by Order No. 2021-73 ]

Solar Energy System, RSES [Added 8-2-2021 by Order No. 2021-73 ]
Utilities [Added 9-12-2022 by Ord. No. 2022-105 ]

B. Conditional uses. The following uses are permitted in the Prides Corner Smart Growth Areas as a
conditional use, subject to the requirements of Article IV:

Child-Care Center
Church
Club or Lodge
Community Center
Congregate Care Facility
Day-Care Center
Home Day-Care Provider
Theater

C. Performance standards. The following performance standards apply in the Pride's Corner Smart
Growth Area:

(1) Minimum lot size: 5,000 square feet; 20,000 square feet without sewer

(2) Dimension requirements:

(a) Minimum lot frontage: 50 feet.

(b) Yard depths:

[1] Front: 10 feet.

[2] Rear: 10 feet.

[3] Side: eight feet.

(c) Maximum height: 50 feet.

(3) Maximum footprint factor: 40% (for entire zone; no restrictions per lot).

(4) Maximum gross density factor: 50% (for entire zone; no restrictions per lot).

(5) Residential density factor: one per 15,000 square feet (for all areas marked residential).

(6) Landscaping factor: 50% (for entire zone, no restrictions per lot).

(7) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
no direct lighting is emitted beyond lot lines.

(8) Noise. Noise levels must not exceed existing levels at the exterior limits of the building.

(9) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(10) Odors. Odors must not exceed existing levels at the lot lines.

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City of Westbrook, ME

§ 335-5.5 WESTBROOK CODE § 335-5.6

(11) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operation level of service and pedestrian safety along the lot
frontage and at the nearest intersection in both directions.

(12) Storage of materials. All materials must be stored within an enclosed structure so as to be
screened from view.

(13) The size of any retail building shall be limited to 20,000 square feet.

§ 335-5.6. Rural District. [Amended 3-7-2005 ; 3-3-2014 ; 11-17-2014 ]

The purpose of the Rural District is to provide an area of rural quality consistent with the Comprehensive
Plan. Standards permit clustering and focus on preserving open space and important vistas. The uses for
the rural district are also more consistent with farm and low-density development.

A. Permitted uses. The following uses are permitted in the Rural District as a matter of right:

Accessory Use
Bed-and-Breakfast Class 1
Cemetery
Day-Care Center
Dwelling, Single-Family
Dwelling, Two-Family
Farm
Golf Course
Home Occupation
Horticulture
Municipal Facility
Solar Energy System, ACSES [Added 8-2-2021 by Order No. 2021-73 ]
Solar Energy System, CSES [Added 8-2-2021 by Order No. 2021-73 ]
Solar Energy System, RSES [Added 8-2-2021 by Order No. 2021-73 ]
Telecommunications Facility
Utilities [Added 9-12-2022 by Ord. No. 2022-105 ]
Veterinary Clinic

B. Conditional uses. The following uses are permitted in the Rural District as a conditional use under
Article IV:

Adult Day Care

Campgrounds
Church
Extractive Industry

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City of Westbrook, ME

§ 335-5.6 LAND USE § 335-5.6

Home Day-Care Provider

Neighborhood Grocery
Telecommunications Tower

C. Performance standards. The following performance standards apply in the Rural District as a
conditional use, subject to the requirements of Article IV:

(1) Minimum lot size: 60,000 square feet; 20,000 square feet for subdivisions with cluster designs.

(2) Dimension requirements: [Amended 3-18-2019 by Ord. No. 2019-45 ]

(a) Minimum lot frontage: cluster 100 feet; traditional 200 feet.

(b) Yard depths:

[1] Front: cluster 15 feet; traditional 30 feet.

[2] Rear: cluster 15 feet; traditional 30 feet.

[3] Side: cluster 15 feet; traditional 30 feet.

(c) Maximum height: 45 feet.

(3) Maximum footprint factor: 25%.

(4) Maximum gross density factor: 40%.

(5) Residential density factor: one dwelling unit per 40,000 square feet.

(6) Landscape factor: 60%

(7) Campgrounds. A campground application must be approved under site plan review and must be
approved and licensed by the Maine Department of Health and Human Services. [Amended at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(8) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
that no direct lighting is emitted beyond lot lines.

(9) Noise. Noise must not exceed existing levels at the lot lines.

(10) Vibrations. Vibrations must not exceed existing levels at the lot lines.

(11) Odors. With the exception of agricultural application and practices, odors must not exceed
existing levels beyond their lot lines.

(12) Screening. A plan for parking and screening may be required for all uses other than dwellings,
single-family and two-family. Screening may include, but is not limited to, fencing or plantings.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(13) Storage of materials. All materials shall be stored in an enclosed structure so as to be screened
from view.

(14) Vegetative setbacks for Methodist Road. All lots created through subdivision review shall retain
a twenty-five-foot vegetative strip between the developed portion of the property and Methodist
Road. Selective cutting of trees and vegetation within this strip is permitted, provided that a

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City of Westbrook, ME

§ 335-5.6 WESTBROOK CODE § 335-5.7

well-distributed stand of trees and other vegetation is maintained. Clearing of trees and
vegetation shall be permitted to provide access to lots for agricultural and timber harvesting
purposes. Unless it can be shown that no other reasonable alternatives exist, this clearing shall
be no wider than 250 feet of road frontage.

(15) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operations levels of service and pedestrian safety along the lot
frontage and at the nearest intersection in both directions.

D. Telecommunications facilities and towers. For provisions concerning telecommunications facilities,

see § 335-2.30A. For provisions concerning telecommunications towers, see § 335-2.30B.

§ 335-5.7. Highway Services District. [Amended 3-7-2005 ; 11-17-2014 ]

The Highway Services District is comprised of the small commercial/retail areas located in the following
areas: Methodist and Duck Pond Road neighborhood; Pride's Corner Center; Spring Street at the City line;
and small individual sites along Pride Street. The standards are meant to be flexible, but geared to improve
appearance and reduce sprawl in these important mixed-use gateway centers.

A. Permitted uses. The following uses are permitted in the Highway Services District as a matter of right:
[Amended 4-4-2022 by Ord. No. 2022-38 ]

Accessory Use
Business Office
Car Wash
Child-Care Center
Day-Care Center
Dwelling Unit, Multifamily, provided that the development is served by both public sewer and
public water
Education Facility
Horticulture
Media Studio Class 1 and 2
Medical Office
Municipal Facility
Neighborhood Grocery
Nursing Homes, provided that the development is served by both public water and public sewer
[Added 5-15-2023 by Ord. No. 2023-53 ]
Private Indoor Recreation Facility
Restaurant Classes 1 and 2
Retail Classes 1, 2, 3
Service Business
Short-Term Care Facility, provided that the development is served by both public water and public
sewer [Added 5-15-2023 by Ord. No. 2023-53 ]

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City of Westbrook, ME

§ 335-5.7 LAND USE § 335-5.7

Solar Energy System, ACSES [Added 8-2-2021 by Order No. 2021-73 ]

Solar Energy System, RSES [Added 8-2-2021 by Order No. 2021-73 ]
Utilities [Added 9-12-2022 by Ord. No. 2022-105 ]
Veterinary Clinic [Amended 3-18-2019 by Ord. No. 2019-41 ]

B. Conditional use. The following uses are permitted in the Highway Services District as a conditional
use under Article IV:

Boarding Kennel [Added 3-18-2019 by Ord. No. 2019-41 ]

Church
Club or Lodge
Retail Class 4

C. Performance standards. The following performance standards apply to the Highway Services District:

(1) Minimum lot size: 15,000 square feet.

(2) Dimension requirements:

(a) Minimum lot frontage: 100 feet.

(b) Yard depth:

[1] Front: 30 feet.

[2] Rear: 30 feet.

[3] Side: 30 feet.

(c) Maximum height: 40 feet, or three stories.

(3) Maximum footprint factor: 40%.

(4) Maximum gross density factor: 75%.

(5) Landscaping factor: 25%.

(6) Residential density factor: [Added 4-2-2022 by Ord. No. 2022-38 18]

(a) One dwelling unit per 2,500 square feet.

(7) Noise. Noise must not exceed existing levels at the lot lines.

(8) Odors. Odors must not exceed existing levels at the lot lines.

(9) Hazardous matter. The emission of hazardous matter must be so controlled that no concentration
is permitted beyond the building limits that would be detrimental to or endanger the public
health or cause damage or injury to property. No storage of hazardous matter is permitted,
except that used exclusively for ongoing production purposes.

18. Editor's Note: This Order also renumbered the remaining subsections as Subsection C(7) through (14), respectively.

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City of Westbrook, ME

§ 335-5.7 WESTBROOK CODE § 335-5.9

(10) Vibrations. Vibrations must not exceed existing levels at the lot lines.

(11) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
that no direct lighting is emitted beyond zone lines.

(12) Traffic impact. The traffic pattern from a change or expansion in use must be designed so as to
maintain the existing traffic operations levels of service and pedestrian safety within a
reasonable determined distance from its point of ingress or egress. In addition, the following
applies:

(a) No point of any ingress or egress may be located within 150 feet from any recognized
intersection or other curb cut.

(b) One point of ingress and egress is permitted per lot. All other frontage must be curbed and
landscaped so as to prevent its use as a point of ingress or egress.

(c) Any point of ingress or egress must be from 12 feet to 15 feet in width per lane. Said point
shall intersect the main arterial at 90° and shall have a minimum twenty-five-foot curb
radius at the intersection.

(d) Driveways shall be shared with neighboring businesses whenever possible to reduce the
number of curb cuts.

(13) Storage of materials. All materials must be stored within an enclosed structure so as to be
screened from view.

(14) Installation of utilities. All electric, telephone, and similar lines must be placed underground
from the street connection to the building, where possible. In the case of commercial park
developments, the use of underground utilities is also encouraged for streets within the
development.

(15) Multiple-family dwelling design requirements. [Added 4-2-2022 by Ord. No. 2022-38 ]

(a) Building elevations shall be reviewed and approved by the Planning Board during site/
subdivision review. Architectural elements shall be provided in the exterior design to
provide visual interest, vertical and horizontal elements to break up building mass and
color variation are considerations for the Board to base its approval or denial on.

(b) Projects with multiple buildings 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.

§ 335-5.8. (Reserved)19

§ 335-5.9. Gateway Commercial District. [Amended 3-7-2005 ; 10-1-2012 ; 7-1-2013 ; 1-6-2014 ;

3-3-2014 ; 6-23-2014 ; 11-17-2014 ]

This district is designed to provide for a regional retail center that takes advantage of major transportation
linkages. The use of land in this zone is to be maximized, but according to a set of standards as part of the

19. Editor's Note: Original Sec. 308, Business/Professional Office District, amended 11-17-2014, was repealed 3-18-2019 by Ord. No.
2019-37.

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City of Westbrook, ME

§ 335-5.9 LAND USE § 335-5.9

community's gateway planning. The 2012 Comprehensive Plan encourages a mix of uses on consolidated
lots and a uniform building line along Main Street.

A. Permitted uses. The following uses are permitted in the Gateway Commercial District as a matter of
right:

Accessory Use
Adult Day Care [Added 3-18-2019 by Ord. No. 2019-42 ]
Artisan Food and Beverage [Added 3-18-2019 by Ord. No. 2019-40 ]
Automobile Dealership
Automobile Repair Service [Amended 3-18-2019 by Ord. No. 2019-40 ]
Bank Class 2
Business Office
Business Office 2 [Added 3-18-2019 by Ord. No. 2019-42 ]
Child-Care Center
Convention Center [Added 3-18-2019 by Ord. No. 2019-42 ]
Day-Care Center
Education Facility
Horticulture
Hospital [Added 5-3-2021 by Order No. 2021-33 ]
Hotel [Amended 3-18-2019 by Ord. No. 2019-42 ]
Industry
Library [Added 3-18-2019 by Ord. No. 2019-42 ]
Media Studio Classes 1 and 2
Medical/Diagnostic Center [Added 5-3-2021 by Order No. 2021-33 ]
Medical Office
Municipal Facility
Museum [Added 3-18-2019 by Ord. No. 2019-42 ]
Neighborhood Grocery
Nursing Homes [Added 5-15-2023 by Ord. No. 2023-53 ]
Parking Facility [Added 3-18-2019 by Ord. No. 2019-42 ]
Private Recreation Facility
Research and Development [Added 3-18-2019 by Ord. No. 2019-42 ]
Restaurant Class 2
Retail Classes 1, 2, 3 and 4 [Amended 3-18-2019 by Ord. No. 2019-42 ]
Service Business
Solar Energy System, ACSES [Added 8-2-2021 by Order No. 2021-73 ]

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City of Westbrook, ME

§ 335-5.9 WESTBROOK CODE § 335-5.9

Solar Energy System, RSES [Added 8-2-2021 by Order No. 2021-73 ]

Telecommunication Facilities
Utilities [Added 9-12-2022 by Ord. No. 2022-105 ]
Veterinary Clinic [Amended 3-18-2019 by Ord. No. 2019-41 ]
Vocational Education Facility

B. Conditional use. The following uses are permitted in the Gateway Commercial District as conditional
uses under Article IV:

Bank Class 1
Boarding Kennel [Added 3-18-2019 by Ord. No. 2019-41 ]
Church
Dwelling, Multiple-Family
Medical Marijuana Dispensary (see Article II, General Provisions) [Added 2-5-2018 by Ord. No.
2018-07 ]
Restaurant Class 1
Restaurant Class 3 [Added 3-6-2023 by Ord. No. 2023-27 ]
Theater

C. Performance standards. The following performance standards apply in the Gateway Commercial
District:

(1) Minimum lot size: 20,000 square feet.

(2) Dimension requirements:

(a) Minimum lot frontage: 100 feet.

(b) Yard depth:

[1] Front: 20 feet.

[2] Rear: 20 feet.

[3] Side: 20 feet.

(c) Maximum height: 50 feet and four stories.

(d) Maximum footprint: 160,000 square feet. (Maximum footprint of any single building.)

(3) Maximum footprint factor: 50%.

(4) Maximum gross density factor: 75%.

(5) Landscape factor: 25%.

(6) Residential density factor: one dwelling unit per 2,500 square feet.

(7) Noise. Noise must be confined to the existing levels at the walls of the building on the site.

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City of Westbrook, ME

§ 335-5.9 LAND USE § 335-5.9

(8) Odors. Odors must be limited to existing levels at the exterior of the building.

(9) Hazardous matter. The emission of hazardous matter must be so controlled that no concentration
is permitted beyond the building limits that would be detrimental to or endanger the public
health or cause damage to property. No storage of hazardous matter is permitted, except that
used exclusively for ongoing production purposes.

(10) Vibrations. Must not exceed existing levels at the exterior of the building.

(11) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
that no direct lighting is emitted beyond the lot lines.

(12) Storage of materials. All materials must be stored within an enclosed structure so as to be
screened from view.

(13) Installation of utilities. All electric, telephone, and similar lines must be placed underground.

(14) Buffer zones. Where a business or industry abuts a residential use, a fifty-foot buffer zone must
be maintained between the building and the lot line of the residential use.

(15) Gateway standards.

(a) Purpose. In 2000, the cities of Portland and Westbrook worked jointly to develop a
gateway plan for the entrances of our communities along the Brighton Avenue corridor.
The Brighton Avenue/Main Street Corridor Traffic and Streetscape Study identifies a
number of safety and appearance improvements to the corridor, intended to provide a safer
and more pleasing experience for the driver and pedestrian as they move through the
corridor. This should, over time, increase property values in this corridor, creating an
incentive for further investment.

(b) Improvement standards. When there is new construction (i.e., an addition or new
building), or when more than 20% of a property's activity or use changes, the owners are
required to submit an application for site plan review, demonstrating how the following
performance standards are to be met:

[1] Landscaping. Twenty-five percent of the entire site shall be landscaped, leaving 75%
for building and paved areas. The landscape plan shall incorporate all plantings
within the site such that pavement viewshed is reduced and shaded, storage and
loading areas screened, vehicle entry areas decorated/landscaped, and the general
harshness of pavement and building reduced. When it can be satisfactorily
demonstrated to the Planning Board that it would be overly burdensome to fulfill this
requirement due to site constraints or the unique nature of the use of the property,
then the applicant shall pay a fee in lieu of providing the full on-site landscaping
requirement. In no event shall an applicant be allowed to eliminate the full
landscaping requirement through payment of the fee. The funds must be used in the
study area in a manner consistent with the Brighton Avenue/Main Street Corridor
Traffic and Streetscape Study, to provide landscaping and other streetscape
improvements. The fee in lieu of landscaping is calculated as set forth in the City's
Master Fee Schedule, which may be updated from time to time.

[2] Pedestrian movement. The site must provide for a system of pedestrianways that are
protected and safe from vehicular movement. The system must connect the major
building entrances/exits with parking areas. The system should connect with existing

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City of Westbrook, ME

§ 335-5.9 WESTBROOK CODE § 335-5.10

sidewalks in the area, bus stops, and with any other area amenities.

[3] Curbing and esplanades. Curbing and esplanades shall be used to define parking and
driveway areas. Curbing may also be used around building entrances and other
pedestrian-oriented areas such that the pedestrian is clearly separated from the
vehicular movement. Granite curbing shall be used at all intersections with a public
street and is encouraged for use through the remainder of the project.

[4] Vehicle channelization. The layout of any site must provide for the safe movement
of passenger, service, and emergency vehicles in an organized and defined fashion.

[5] Lighting. A lighting plan shall be developed for the site that provides for consistent
treatment throughout the site. All lighting shall be of the cutoff luminaire style, such
that light is shielded and directed down. No light shall spill beyond the property lines.
Ornamental light poles and fixtures shall be located along the Main Street frontage.

[6] Signage and condition. In addition to meeting the requirements of Article X, Signs,
the owner may be required to improve the existing signs when they are in poor
condition. Examples of poor condition can include broken lights, broken lens covers,
faded paint or colors, or broken connections of sign to building.

[7] Loading and storage areas. All loading and storage areas shall be screened from view
from the street and abutters. Screening can include fencing, walls, or vegetation and
shall block the loading and storage area from view.

(16) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operations levels of service and pedestrian safety along the lot
frontage and at the nearest intersection in both directions.

D. Telecommunications facilities. No new telecommunications towers are allowed. Co-location of

telecommunications facilities is allowed on existing towers, provided that they comply to the
provisions in Article II. For provisions concerning telecommunications facilities, see § 335-2.30A.
For provisions concerning telecommunications towers, see § 335-2.30B.

§ 335-5.10. Industrial Park District. [Amended 6-3-2013 ; 7-1-2013 ; 3-3-2014 ; 11-17-2014 ;

4-6-2015 ; 9-14-2015 ]

The Industrial Park District includes the City's largest developed industrial parks. Some of these existing
facilities are in need of upgrade, while others have the capacity to expand. Setback and lot standards have
been relaxed to encourage such investment.

A. Permitted uses. The following uses are permitted in the Industrial Park District as a matter at right:

Accessory Use
Artisan Food and Beverage [Added 3-18-2019 by Ord. No. 2019-40 ]
Bottle Club
Business Office
Education Facility
Greenhouse

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City of Westbrook, ME

§ 335-5.10 LAND USE § 335-5.10

Industry
Media Studio Class 1
Media Studio Class 2
Medical Office [Added 3-18-2019 by Ord. No. 2019-45 ]
Municipal Facility
Neighborhood Grocery
Private Indoor Recreation Facility
Solar Energy System, ACSES [Added 8-2-2021 by Order No. 2021-73 ]
Solar Energy System, RSES [Added 8-2-2021 by Order No. 2021-73 ]
Telecommunications Facility
Utilities [Added 9-12-2022 by Ord. No. 2022-105 ]
Veterinary Clinic [Added 3-18-2019 by Ord. No. 2019-41 ]
Vocational Education Facility
Warehousing

B. Conditional uses. The following uses are permitted in the Industrial Park District as conditional uses
under Article IV:

Boarding Kennel [Added 3-18-2019 by Ord. No. 2019-41 ]

Child-Care Center
Church
Club or Lodge
Extractive Industry
Medical Marijuana Caregiver Cultivation Facility (see Article II, General Provisions) [Added
2-5-2018 by Ord. No. 2018-07 ]
Research and Development [Added 3-18-2019 by Ord. No. 2019-45 ]
Telecommunications Tower
Theater

C. Performance standards. The following performance standards apply in the Industrial Park District:

(1) Minimum lot size: 20,000 square feet.

(2) Dimension requirements:

(a) Minimum lot frontage: 200 feet.

(b) Yard depths:

[1] Front: 40 feet.

[2] Rear: 30 feet.

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City of Westbrook, ME

§ 335-5.10 WESTBROOK CODE § 335-5.11

[3] Side: 30 feet.

(c) Maximum height: None.

(3) Maximum footprint factor: 50%.

(4) Maximum gross density factor: 80%.

(5) Landscape factor: 20%.

(6) Noise. Noise must not exceed existing levels at the zone lines.

(7) Odors. Odors must not exceed existing levels at the zone lines. Wood pulping and similar
processes are a prohibited use.

(8) Hazardous matter. The emission of hazardous matter must be so controlled that no concentration
is permitted beyond the building limits that would be detrimental to or endanger the public
health or cause damage or injury to property. No storage of hazardous matter is permitted,
except that used exclusively for ongoing production purposes.

(9) Vibrations. Vibrations must not exceed existing levels at the lot lines.

(10) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
that no direct lighting is emitted beyond lot lines.

(11) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operations levels of service and pedestrian safety along the lot
frontage and at the nearest intersection in both directions.

D. Telecommunications facilities and towers. For provisions concerning telecommunications facilities,

see § 335-2.30A. For provisions concerning telecommunications towers, see § 335-2.30B.

§ 335-5.11. Manufacturing District. [Amended 10-15-2012 ; 3-3-2014 ; 11-17-2014 ; 9-14-2015 ]

This district is located south of the Stroudwater River, north of the electric transmission power line
easement, and between Saco Street and Spring Street. Performance standards for uses in this district are
designed to maintain compatibility between differing uses. All uses and activities must be conducted within
the principal building. Such uses are capable of operating in a manner that controls the external effects
of the manufacturing process, such as sound, odors, vibrations, emissions, dust, glare, or other nuisance
characteristics, through prevention or mitigation devices, and of conducting operations, within the confines
of buildings.

A. Permitted uses. The following uses are permitted in the Manufacturing District as a matter of right.
For the purpose of the Manufacturing District, the following operations shall not be considered Light
Manufacturing or Industry and are thereby prohibited: asphalt plants, commercial petroleum storage
yards, extraction and processing of raw geologic materials, mining and drilling operations and
refining of petroleum (or its products — including tar distillation). [Amended 3-18-2019 by Ord.
No. 2019-45 ; 8-2-2021 by Order No. 2021-73 ; 9-12-2022 by Ord. No. 2022-105 ]

Accessory Use
Business Office
Commercial Service Business

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City of Westbrook, ME

§ 335-5.11 LAND USE § 335-5.11

Greenhouse
Industry
Light Manufacturing
Municipal Facility
Neighborhood Grocery
Private Indoor Recreation Facility
Research and Development
Solar Energy System, ACSES
Solar Energy System, RSES
Telecommunications Facility
Utilities
Vocational Education Facility
Warehousing

B. Conditional use. The following uses are permitted in the Manufacturing District as a conditional use
under Article IV: [Amended 9-12-2022 by Ord. No. 2022-105 ]

Child-Care Center
Church
Telecommunications Tower

C. (Reserved)20

D. Performance standards. The following performance standards apply in the Manufacturing District:

(1) Minimum lot size: 20,000 square feet.

(2) Dimension requirements:

(a) Minimum lot frontage: 200 feet.

(b) Yard depths:

[1] Front: 40 feet.

[2] Rear: 30 feet.

[3] Side: 30 feet.

(c) Maximum height: 75 feet and up to five stories. Maximum height shall include mechanical
equipment and architectural detail.

(3) Maximum footprint factor: 50%.

(4) Maximum gross density factor: 80%.

20. Editor's Note: Former Subsection C, Prohibited uses, was repealed 9-12-2022 by Ord. No. 2022-105.

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City of Westbrook, ME

§ 335-5.11 WESTBROOK CODE § 335-5.11

(5) Landscape factor: 20%.

(6) Storage. Outdoor storage must be screened from view of public ways.

(7) Maximum permissible sound levels. The maximum permissible sound level of any continuous,
regular, frequent, or other sound typically produced by the use shall not exceed the following:
70 dBa beyond the walls of the building between the hours of 7:00 a.m. and 10:00 p.m. and 60
dBa beyond the walls of the building between the hours of 10:00 p.m. and 7:00 a.m.
Exemptions:

(a) Noises created by construction and maintenance activities between 7:00 a.m. and 10:00
p.m. are exempt from the maximum permissible sound levels set forth in this section.

(b) The following uses and activities shall also be exempt from the requirements of this
section:

[1] The noises of safety signals, warning devices, emergency pressure relief valves, and
any other emergency devices.

[2] Traffic noise on public roads or noise created by airplanes and railroads.

[3] Noise created by refuse and solid waste collection, provided that the activity is
conducted between 5:00 a.m. and 10:00 p.m.

[4] Emergency construction or repair work by utilities at any hour.

(8) Odors. Odors must not exceed existing levels at the zone lines. Wood pulping and similar
processes are a prohibited use. Odors generated by the use must not leave the lot line.

(9) Hazardous matter. The emission of hazardous matter must be so controlled that no amount
generated by the use is permitted beyond the building. Storage of hazardous matter is prohibited,
except that used exclusively for ongoing production purposes.

(10) Vibrations. Vibrations inherently and recurrently generated shall be imperceptible with and
without instruments beyond the required building setback lines.

(11) Glare. All outdoor lighting must be of the full cut off luminaire variety and the light source must
not be visible at the lot line.

(12) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operations levels of service and pedestrian safety along the lot
frontage and at the nearest intersection in both directions.

(13) Accessory use. Accessory uses shall be under the same ownership or control as the permitted
primary use. No accessory use shall be established until the primary permitted use is established
and operating. If the primary use ceases operations for 12 months, then the accessory retail use
shall cease operations. [Added 3-18-2019 by Ord. No. 2019-45 ]

(a) Limited retail uses. Retail may be allowed as an accessory use if the Code Enforcement
Officer determines that the following conditions are met:

[1] The retail use would not exceed 15% of the gross floor area of any building. Any
storage directly associated with the retail use shall be included in this allowable area.

[2] The proposed retail use would be located within the same building as the allowed

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City of Westbrook, ME

§ 335-5.11 LAND USE § 335-5.11

primary use to which it is accessory.

E. Extractive industry. This subsection governs extractive industry in the Manufacturing District.

(1) Purpose. The purpose of this subsection is to incorporate as part of the City's Land Use
Ordinance the performance and use standards agreed to by the City, Pike, and IDEXX,
following the completion of applicable procedures, in accordance with Paragraph 38 of Pike
Industries Inc. v. City of Westbrook, 2012 ME 78 (June 14, 2012). The performance standards
apply to the operation of the thirty-two-acre existing hard rock quarry located at 645 Spring
Street (the "Spring Street Quarry") delineated as Tax Map 5, Lot 11 and Tax Map 5B, Lot 3.
The existing quarry is located easterly of Clarke Brook. The operations of the Spring Street
Quarry include blasting, rock storage, rock crushing and the transport of the product.

(2) Performance and use standards. These performance and use standards are meant to control over
any different, conflicting, or additional performance and use standards or other limitations
contained in the Code of the City of Westbrook, including the provisions of Council Order
2010-14 (June 7, 2010) amending nonconforming use standards for extractive industry. The
following performance and use standards, and no others, apply to the Spring Street Quarry:

(a) Hours of operation. The Code Enforcement Officer may approve operations outside these
hours for emergencies, such as the need to repair a public utility or a public right-of-way
as a result of a severe weather event.

[1] Trucking: 7:00 a.m. to 5:00 p.m. weekdays and 7:00 a.m. to 12:00 noon on
Saturdays.

[2] Weekdays only for blasting and crushing. Blasting: 10:00 a.m. to 3:00 p.m.;
crushing: 7:00 a.m. to 6:00 p.m. No operations on Sundays or federal holidays.

(b) Blasting. No more than eight production blasts may be conducted per calendar year. In
addition to production blasts, safety blasts limited to no more than 1,000 pounds of
explosive materials per blast may be conducted if necessary to maintain the safe operation
of the quarry, but not for the purpose of producing rock for crushing or commercial sale.
Except in the case of a safety emergency, safety blasts shall be conducted on one or more
of the days when production blasts are conducted.

(c) Truck traffic. Trucking may not exceed an average of 45 daily truck departures and may
not exceed a peak limit of 105 truck departures in any single day. The average daily truck
departures will be determined by dividing the total number of annual truck departures by
the total number of annual operating days, to be reconciled on an annual basis. A "truck
departure" is defined as any instance in which a loaded truck, containing material for sale
or commercial processing, other than a pickup truck or a service vehicle truck leaves the
quarry. An "operating day" is defined as any day quarrying activities occur at the quarry.
For the purposes of calculating the average daily truck departures, the total number of
annual operating days is to be calculated as follows:

[1] From April 1 through December 1 of any year (the "operating season"), an "operating
day" is defined as any day on which quarrying activities occur at the quarry;

[2] Saturdays on which the operator conducts quarrying activities will count as half of
one operating day in calculating average daily truck traffic; and

[3] Outside of the operating season, only those days on which the operator has 10 or

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City of Westbrook, ME

§ 335-5.11 WESTBROOK CODE § 335-5.11

more truck departures will count as an operating day for the purposes of calculating
the average daily truck departures.

(d) Insurance. Maintain a minimum of $10 million in insurance coverage in aggregate for
blasting.

(e) Buffers, berms, and fencing. Maintain the existing visual buffer between the quarry and
abutting properties and streets or a substantially equivalent visual buffer, as approved by
the Code Enforcement Officer.

[1] In addition:

[a] Maintain a perimeter security fence around the quarry;

[b] Maintain a minimum ten-foot-high vegetative buffer facing County Road;

[c] Maintain the existing twenty-foot-wide vegetative buffer along the Central
Maine Power right-of-way;

[d] Maintain berms with evergreen plantings, slatted fencing, and other approved
buffers;

[e] Maintain the approved visual screening of the quarry operations from all public
streets;

[f] Retain to the maximum extent possible the existing natural buffer between
Spring Street and the quarry access road with a minimum width of 50 feet; and

[g] Maintain the twenty-five-foot-wide berm with evergreen plantings with a

minimum height of 10 feet on the quarry side of the quarry access road.

[2] Any revisions to any of these conditions must be reviewed by the Code Enforcement
Officer to determine that they are substantially equivalent to the approved conditions.

(f) Unitrode site. Not work the quarry below the water table except in accordance with the
monitoring plan developed by Sevee and Maher Engineers, Inc., and approved in advance
by the City Engineer after consultation with the Maine Department of Environmental
Protection's Mining Coordinator and Unitrode Project Coordinator.

(g) Blast monitoring. Use third-party blast planning and monitoring and provide annual
reports to the City to document blasting within the preceding 12 months. Video record all
blast activities and maintain such records for a period of one year. These records will be
provided upon request to the City.

(h) Seismograph monitors. Provide off-site seismic monitors to all requesting property owners
within 1/2 mile, to be monitored by a third party, to the extent such monitoring is not
duplicative in the judgment of a third party providing such monitoring. Monitoring reports
shall be kept for three years and shall be made available to the property owners and the
City within 10 days of each blast.

(i) Preblast surveys. Provide one third-party preblast survey to each requesting home or
business within 1/2 mile radius of the quarry. Copies of the surveys shall be kept until
blasting at the quarry has been completed, plus one year.

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City of Westbrook, ME

§ 335-5.11 LAND USE § 335-5.11

(j) Weather conditions. Blast only during weather conditions which are favorable to
mitigating off-site impacts, e.g., noise and dust.

(k) Inspection and repair. Develop, in conjunction with the City, a process through which an
independent third party will inspect claims of property damage that are raised by
neighboring property owners. If any damage is determined, based on the independent
review, to have been proximately caused by blasting, provide reasonable compensation for
necessary repairs, as recommended by an independent third party.

(l) Blast call list. Maintain and use a blast call list for any property owner within 1/2 mile of
the quarry who requests inclusion on the blast call list. Property owners on the blast call
list shall be notified not less than 24 hours before any scheduled production blast and
telephoned or emailed, as the property owner has specified, not less than one hour before
the actual production blast. In addition, production blasts shall be scheduled not less than
two weeks in advance and notice of the blasts shall be provided on the City's website.
Those property owners who prefer may request their notice to be sent by U.S. mail.

(m) Access road and entrance. Maintain the existing paved access road below the grade of
Spring Street and maintain the existing entrance onto Spring Street. Once the quarry has
been in operation for at least six months, the quarry owner shall meet with the City and
neighbors of the quarry in a public session to discuss the design of additional left-hand and
right-hand turn lanes in Spring Street at its intersection with the new access road entrance
to address traffic coming from or headed to County Road. No later than 12 months
thereafter, the quarry owner shall commence construction of any required turn lanes and
shall prosecute the same diligently to completion, provided the City shall use its
reasonable, lawful authority, if necessary, to acquire any needed additional right-of-way
width(s) and/or governmental approvals to accommodate the same; provided, further, the
quarry owner shall reimburse the City for any reasonable expenses incurred and for the
final fair market value of any real property interests it may have to acquire.

(n) Vibration. Utilize electronic (digital) detonators for all blasts to reduce the off-site effects
of blasting activities; not exceed a maximum of 0.50 inch per second peak particle velocity
for blast vibrations as measured by any seismograph located under the provisions of
Subsection E(2)(h) and 0.25 inch per second peak particle velocity for blast vibrations as
measured at a baseline seismograph located at 2 Ledgeview Drive, Westbrook (City Tax
Map 002-000-101); utilize laser profiling and borehole tracking as part of blast design and
implementation to improve the effectiveness of drilling activities and to reduce the risk of
fly rock from blasting activities; utilize a blast face profiler to reduce impacts of air blasts.

(o) Noise. Limit noise levels for all blasting so as not to exceed 129 dBA, measured in
accordance with Maine Department of Environmental Protection regulations Chapter 375,
Section 10C(4), for one blast per day; 126 dBA for two blasts per day; 124 dBA for three
blasts per day; 123 dBA for four blasts per day; limit daily operational noise levels for
extractive industry so as not to exceed 75 dBA as measured at the property lines of the
parcels on which the quarry is located; use synthetic screens, urethane liners in crushers,
or their substantial equivalents to reduce noise levels associated with crushing and
screening; limit on-site speeds to no more than 10 miles per hour; to the extent permitted
by state and federal laws and regulations, minimize the volume of sound resulting from
required sensors on on-site equipment through the use of sonar and similar alarm systems.

(p) Dust. Not allow dust to migrate beyond the property line and take the following measures:

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City of Westbrook, ME

§ 335-5.11 WESTBROOK CODE § 335-5.11

enclose the producing areas of crushers so as to reduce the dust and noise generated by
the crushing activity; pave the first 500 feet of any entrance from a publicly utilized
right-of-way and install wheel washers in order to reduce off-site dust from vehicles
leaving the unpaved area of the quarry; incorporate pre- and post-blast water mitigation
to reduce the presence of dust created during blasting activities; utilize a vacuum sweeper
and water truck, as needed, on all internal roads to reduce the presence of dust created
during quarrying operations; utilize water fog nozzles as needed at all materials transfer
points and stockpiles of quarried materials to reduce the level of dust created by quarrying
operations; utilize two-sided truck trimming racks to ensure material is removed from
the sides of trucks prior to the vehicles leaving the site; require load covers for trucks
transporting material from the quarry operation.

(q) Spillage. Perform a daily inspection of truck routes to remove any spillage of gravel,
crushed stone, product, or debris from trucks leaving the quarry from the entrance to
Spring Street up to and including the intersection of Spring Street and County Road and
the intersection of Eisenhower Drive and Spring Street and shall provide cell phone
contact numbers to requesting residents and to City officials so that the quarry owner may
promptly respond to any request to remove any spillage from trucks leaving the quarry.
Respond with cleanup activities immediately upon notification.

(r) Community. Meet at least annually with a neighborhood working group constituted by the
City, review relevant records with this group, and review and discuss compliance with the
performance and use standards. The operator will send a responsible management
representative and provide records reasonably related to compliance with the conditions.
The operator will submit all of its business records as are reasonably related to compliance
no less than quarterly to be kept on file at City Hall, provided that the operator may request
that certain business records be kept confidential by the City to avoid compromising the
operator's legitimate business interests. The initial meeting of the neighborhood working
group shall be called by the City, but at that first meeting, the neighborhood working group
shall assume control over all aspects of the group, both substantive and procedural, and
shall open the group's membership to all persons or firms as it deems appropriate. The City
and its officials thereafter shall serve only as a resource for the working group and, upon
reasonable advance notice, shall provide for public meeting space for the group; provided,
at a minimum, the City Council ward representative for this area of the City, or his/her
designee, shall attend such meetings if so requested; provided further, subject to and
consistent with Section 59 of the Consent Order, the working group may call for an audit
if the group believes there is a substantial issue of noncompliance with the performance
standards of this section.

(s) Compliance audits. The City may initiate an audit of extractive industry operations to
determine compliance with the performance and use standards in this section to be
performed by an independent third party engaged by the City. The auditor shall provide
the operator with not less than two working days' advance notice of any site visit and shall
conduct any such visit during normal business hours. Not more than one audit may be
performed in any twelve-month period. The results of the audit shall be made available to
the operator. These compliance audits shall be separate from and not a limitation upon
inspections by the Code Enforcement Officer.

(t) The quarry owner shall comply with the reclamation plan submitted to the City. Any
amendments to the reclamation plan shall receive the prior approval of the City Engineer
pursuant to the then-current requirements of the Department of Environmental Protection.

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City of Westbrook, ME

§ 335-5.11 LAND USE § 335-5.11

F. Telecommunications facilities and towers. For provisions concerning telecommunications facilities,

see § 335-2.30A. For provisions concerning telecommunications towers, see § 335-2.30B.

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City of Westbrook, ME

§ 335-6.1 LAND USE § 335-6.1

ARTICLE VI
Contract Zones

§ 335-6.1. Contract Zone 1, Millbrook Estates. [Amended 6-2-2014 by Ord. No. 2014-59 ; 12-21-2020
by Ord. No. 2020-153 ]

Pursuant to the provisions of the Westbrook Land Use Ordinance, a parcel of land on East Bridge Street
shown as Lot 10 and 010B on Tax Map 12, shall be rezoned to allow the Westbrook Housing Authority to
construct up to 140 units of elderly housing. Said property is rezoned subject to the following conditions,
which have been recommended by the Westbrook Planning Board and are incorporated herein:

A. The development is to contain a first phase of no more than 100 units of one-bedroom apartments, all
of which are to be occupied by qualified elderly (age 55 or over) or disabled households ("Phase I").
The project may also contain an adult day-care facility for no more than 20 individuals. Phase II shall
contain 38 units of affordable housing for qualified elderly or disabled households located adjacent
to Phase I ("Phase II"). Development of Phase I shall take place in accordance with the plans of East
Bridge Woods by John H. Leasure Architect and Caruthers Engineers, dated November 17, 1989 (the
"Phase I Plan"), which plans are incorporated herein by reference and made a part of this approval,
and in accordance with a plan entitled "Conceptual Site Plan," Millbrook Estates Phases I and II, East
Bridge Street, Westbrook, Maine, by St. Germain Collins, dated April 4, 2014.

B. The remainder of the property, exclusive of parking areas, sidewalks and other elements shown on
the site plans approved by the City of Westbrook Planning Board, shall remain as open space
permanently and shall be so marked on the site plans to be submitted to the Planning Board.

C. Dimension requirements. The requirements of the underlying district shall apply except as follows:

(1) Yard setback:

(a) There shall be no setback required from the property line dividing Phases I and II, which
shall be physically connected with an enclosed corridor, and benefitted by easements for
pedestrian passage between Phases I and II.

(2) Maximum building height:

(a) Phase I: three stories.

(b) Phase II: four stories.

D. Payment in lieu of taxes.

(1) So long as the project may be treated for tax purposes as owned and operated by Westbrook
Housing Authority or its affiliated 501(c)(3) corporation, Westbrook Development Corporation,
the Phase I property shall be assessed each year and shall pay to the City of Westbrook a sum in
lieu of real property taxes of $20,000 to cover the cost of providing necessary municipal services
to Phase I.

(a) The amount of the sum in lieu of taxes paid for Phase I shall increase by 2% annually,
commencing July 1, 2023, whether a payment in lieu of taxes arrangement is then in place,
so that when such arrangement is in place the sum due shall be based upon the increases
since July 1, 2023.

(2) Phase II shall be assessed each year and shall pay to the City of Westbrook a sum in lieu of real

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City of Westbrook, ME

§ 335-6.1 LAND USE § 335-6.2

property taxes of $20,000 to cover the cost of providing necessary municipal services to Phase
II.

(a) The amount of the sum in lieu of taxes paid for Phase II shall increase by 2% annually,
commencing with the third fiscal year after Phase II has been placed in service.

(3) This provision shall not apply to either of Phase I or Phase II at any time when a tax increment
financing credit enhancement agreement is in effect for such phase.

E. Sidewalks shall be maintained on both sides of the proposed driveway from East Bridge Street as
shown on the above-referenced plan.

F. Covenant.

(1) This project shall be subject to a long-term restrictive covenant that shall be recorded in the
Registry of Deeds and that shall be binding on successors and assigns of the project, to be held
and enforced by the Maine State Housing Authority ("MaineHousing"), or its successor,
requiring that the project remain a low- to moderate-income elderly housing project (the
"affordability covenant") for the following terms:

(a) For Phase I, for a term of not less than 120 years from November 1, 1991; and

(b) For Phase II for a term of not less than 45 years from July 1, 2017.

(2) For purposes of this covenant, the term "low income" shall mean that the project shall be
occupied by and affordable to individuals whose income does not exceed 60% of area median
income as determined and administered by MaineHousing in accordance with its rules and
requirements; and the term "moderate income" shall mean that the project shall be occupied by
and be affordable to individuals whose income does not exceed 120% of area median income as
determined and administered by MaineHousing in accordance with its applicable rules and
requirements.

(3) Not less than 60% of the units in Phase I or Phase II shall be low-income units.

(4) The affordability restriction contained in this Subsection F shall not apply to transfers resulting
from the foreclosure of a mortgage upon the project held by a financial institution, governmental
agency or public instrumentality, including, without limitation, MaineHousing, or from a deed
in lieu of foreclosure from such a mortgage holder.

§ 335-6.2. Contract Zone 2, Brydon Farm. [Added by Ord. No. 2000-127 ; amended 12-21-2020 by
Ord. No. 2020-153 ]

Order that the Brydon property, Tax Map 58, Lot 1 and Tax Map 55, Lot 21 be rezoned pursuant to the
provisions of the conditional zoning (the Westbrook Land Use Ordinance) and subject to the following
conditions as reviewed and recommended by the Planning Board:

A. Property use. Brydon Farm is proposed as a clustered residential development consisting of two-unit
attached homes. The property surrounding the units will be commonly owned and maintained by a
homeowners' association with the exception of the roadway that will be dedicated for public use. The
roadway will have access to Route 302 and Pride Street.

B. The new "contract 2" zone will have the following standards:

(1) Permitted uses.

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City of Westbrook, ME

§ 335-6.2 WESTBROOK CODE § 335-6.3

(a) Dwellings.

(b) Accessory building.

(2) Space and bulk requirements.

(a) Maximum net residential density: four dwelling units per net residential acre.

(b) Minimum lot area: none.

(c) Minimum street frontage: none.

(d) Minimum front yard: 15 feet.

(e) Minimum side and rear yards: none.

(f) Maximum building height: 30 feet.

(g) Minimum distance between unattached buildings: 20 feet.

(h) Maximum stories: one.

(i) Open space: all other areas not within the building envelope areas and held in common by
the homeowners' association.

(3) Off-street parking. In conformance with § 335-13.6 of the Westbrook Land Use Ordinance.

(4) Signs. In conformance with Article X, Signs, of the City of Westbrook Land Use Ordinance.

C. As part of the review process, the following additional conditions have been set:

(1) The developer agrees to $3,000 for recreation facilities to serve primary grade schools and
$35,000 to be placed in a fund to support the movement of the tennis courts at Pride School.
The fund will be paid 50% up front and have a letter of credit behind the remainder, to be paid
at the 75% completion point; and

(2) The applicant receives final subdivision and site plan review from the Planning Board, including
any appropriate changes to the site design, recreation areas, and public and privately held space.
Any other appropriate state or federal license approvals must also be received prior to the project
beginning construction. All units shall be built to appropriate building standards of the City of
Westbrook; and

(3) Approval of the Planning Board of appropriate covenants and bylaws associated with
establishing a permanent homeowners' association to manage commonly owned property.

§ 335-6.3. Contract Zone 3, Hannaford Brothers. [Added by Ord. No. 2001-91 ; amended 6-4-2018
by Ord. No. 2018-73 ]

A. Purpose. That the Hannaford Brothers parcel, 100 Hawkes Street, be rezoned to a conditional
(contract) zone with the following conditions:

(1) Be consistent with all conceptual design issues and commitments shown on a plan called
"Conceptual Site Plan" and dated June 26, 2001, as amended by the plan dated October 2007
and revised February 5, 2008 (including no access to Hawkes Street or Stroudwater Street, all
buffering shown on the plan, and the redevelopment of Bicentennial Park, as shown on the

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City of Westbrook, ME

§ 335-6.3 LAND USE § 335-6.4

plan);

(2) That the site plan review will show improved internal pedestrian circulation;

(3) That during site plan review, the delivery times will be identified and set; [Amended at time of
adoption of Code (see Ch. 1, General Provisions, Art. II)]

(4) That the hours of operation be restricted to the present hours of operation (Monday through
Saturday 7:00 a.m. to 11:00 p.m.; Sunday 7:00 a.m. to 9:00 p.m.);

(5) The lighting pollution be minimized and contained within the lot lines or appropriately screened
and be approved as part of site plan review;

(6) That the property demonstrate during site plan review that it is ADA accessible;

(7) That the out parcel shown on the plan as a bank be restricted to a similar type of office
compatible with the Business General Zone; and

(8) Any other conditions that the City Council chooses to set.

B. Performance standards. Contract Zone 3 will conform to the standards of the City Center District with
the exception of the following:

(1) Minimum lot size: 8.3 acres.

(2) Yard setbacks: 25 feet from property lines that abut a residential zone. When not abutting a
residential zone, the City Center District standards shall apply.

(3) Building height: 39 feet.

(4) Signage:

Description Standard
Front building sign 208 square feet
Left-side elevation sign 253 square feet
Pylon sign 120 square feet

§ 335-6.4. Contract Zone 4, Brown Street Contract Zone. [Added by Ord. No. 2002-15 ; amended
by Ord. No. 2004-57 ]

A. Purpose: To provide flexible zoning standards that will incite new investment in the neighborhood,
leading to higher quality housing and neighborhood conditions.

B. Permitted uses:

(1) Dwellings.

(2) Day-care homes. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]

(3) Accessory uses, including home occupations.

(4) Government buildings and uses.

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City of Westbrook, ME

§ 335-6.4 WESTBROOK CODE § 335-6.5

(5) Public and private utility uses.

C. Conditional uses:

(1) Neighborhood grocery stores.

D. Space and bulk regulations:

(1) Minimum net residential density for entire contract zone: one unit per 1,500 square feet.

(2) Minimum area per residential unit: 350 square feet.

(3) Minimum lot area: 2,500 square feet.

(4) Minimum street frontage: 40 feet.

(5) Minimum yard setbacks: zero feet, subject to approval of the Fire & Rescue Department.

(6) Minimum distance between buildings: eight feet.

(7) Maximum height of buildings: four stories.

E. Area to be included in the zone (see City of Westbrook Zoning Map). In addition to the zone, we ask
that you set as the following conditions of contract zone approval that:

(1) Tax Map 33, lots 226 and 219 will be sold as three-unit condominium projects with each unit
owned privately by the person living there.

(2) Tax Map 33, lots 215 and 225 will be sold as two-unit condominium projects with each unit
owned privately by the person living there.

(3) Tax Map 33, lot 228 will be sold as a four-unit condominium project with each unit owned
privately by the person living there.

(4) PROP will add the improvements cited on the plan, with the exception of F, G, H, and J, which
we will hope to do jointly through another grant or road improvement projects.

(5) The City will allow PROP to use up to eight feet of public right-of-way in front of the units to
create green space for the units. These additions of green space will be done during road
projects, when the roadways are narrowed and sidewalks relocated.

(6) Tax Map 33, lots 231, 233, and 234 may be retained by PROP to be used as rental properties.

(7) All dwellings will provide a minimum of one off-street parking space per unit.

§ 335-6.5. Contract Zone 5, Victoria Heights Contract Zone. [Added by Ord. No. 2002-117 ;
amended by Ord. No. 2004-156 ]

A. The property is shown as lot 11A, Map 4 of the Tax Map and is located presently in the RFC Zone
and within the mobile home park subdistrict. The layout and position of lots is found in the attached
plan known as "Saco Street Subdivision," Hildreth and White, dated January 21, 2002, and is hereby
made a part of this record.21

21. Editor's Note: The referenced plan is on file with the Planning Department.

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City of Westbrook, ME

§ 335-6.5 LAND USE § 335-6.5

B. Space and bulk criteria for the contract zone:

(1) Net residential density: three units per NRA.

(2) Minimum lot size: 10,000 square feet.

(3) Minimum street frontage: 80 feet.

(4) Minimum front yard setback: 15 feet.

(5) Minimum side yard setback: 10 feet.

(6) Minimum rear yard setback: 15 feet.

(7) Maximum building height: 40 feet except lots 23, 21, 19, which shall be 26 feet, and lots 22, 20,
18, which shall be 29 feet. Heights shall be defined according to the Maine Uniform Building
and Energy Code. [Amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]

(8) Maximum building coverage: 35%.

C. Total area of the parcel is 13.83 acres. Total net residential acreage and final lot layout shall be
established during subdivision review, when detailed wetland delineation is completed.

D. Other conditions:

(1) The developer shall pay an impact fee of $500 per lot, or $15,500; $12,400 shall go to recreation
improvements to be defined by the City and the remainder to a fund set up for the development
of sidewalks between the project and where the sidewalks end on Saco Street.

(2) All properties shall be buffered or screened and be negotiated during subdivision review. The
vegetation for the Tewey property shall be placed on their land while the remaining vegetation
for the Saco Street properties shall be placed within the rear buffer yards of the new lots.
Vegetation shall be of the evergreen variety for the purpose of providing a visual barrier.

(3) The paved right-of-way shall be 22 feet in width, with granite curbs at the radii of intersections.

(4) Four housing units shall be constructed and sold to eligible first-time home buyers. The Maine
State Housing Authority guidelines shall be used. As a guide, first-time home buyers in this area
shall make a maximum of $62,000 for a three-plus family and can afford a house costing no
more than $171,800.

(5) The stormwater management system shall be designed such that an organized recreation area is
provided in the storage area during dry periods.

(6) Granite curbing shall be used throughout the project.

(7) Prior to construction and blasting, the applicant shall conduct a blasting assessment of all
adjacent properties and shall show evidence of insurance in the case of damage to adjacent
properties. Said insurance shall be kept on file with the City. Any damage to adjacent properties
during construction shall be the responsibility of the developer, in accordance with the attached
blasting plan.22

22. Editor's Note: The referenced plan is on file with the Planning Department.

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City of Westbrook, ME

§ 335-6.5 WESTBROOK CODE § 335-6.7

(8) All other design aspects of development shall be subject to final subdivision approval.

(9) Streetlighting shall be of the cutoff luminaire variety.

(10) A stockade fence shall be installed on the perimeter of the Tewey property along the new
development.

(11) Hold in escrow for one year after street acceptance an amount to cover the cost for a new light;
at the end of the year, if no request is made, then the escrow shall be returned to the developer.

E. Any modifications of these conditions shall require City Council approval.

§ 335-6.6. Contract Zone 6, Golder Commons Contract Zone. [Added by Ord. No. 2004-56 ]

The proposed contract zone will allow for the construction of a twenty-six-unit affordable apartment
building. The proposed building will complement the historic Bridge Street School apartments that
currently reside on the property.

A. Permitted uses: dwellings.

B. Space and bulk regulations:

(1) Maximum net residential density: 28 dwelling units per acre; 66 bedrooms per acre.

(2) Minimum lot area: 1.60 acres.

(3) Minimum street frontage: 75 feet.

(4) Minimum front yard: zero feet.

(5) Minimum side and rear yards: 15 feet.

(6) Maximum building height: four stories.

C. Off-street parking: 1.5 spaces per two-bedroom unit; two spaces per three-bedroom unit; including
handicapped parking in accordance with the 1973 Zoning Ordinance. [Amended at time of adoption
of Code (see Ch. 1, General Provisions, Art. II)]

D. Additional conditions. A children's play structure will be constructed to provide recreation

opportunities for the future residents of the apartment buildings. The specific details and cost of the
play structure will be decided upon by the Planning Board, with a recommendation from the
Recreation and Conservation Commission, as part of the site plan or subdivision review process.

E. The apartment units shall be rented at an affordable price as established by the project's funding
requirements.

§ 335-6.7. Contract Zone 7, Stroudwater Street Growth Area Contract Zone.

A. Purpose. The purpose of this contract zone is to allow for the construction of a public school and
related facilities or a recreational facility, while allowing the possibility of a future residential
development at density levels permitted in the Residential Growth Area 1, provided certain conditions
are met.

B. Permitted uses. The following uses are permitted in the Stroudwater Street Growth Area Contract
Zone as a matter of right:

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City of Westbrook, ME

§ 335-6.7 LAND USE § 335-6.7

Accessory Uses
Bed-and-Breakfast Class 2
Church
Community Center
Congregate Care Facility
Dwelling, Single-Family
Dwelling, Two-Family
Funeral Home
Home Occupation
Horticulture
Library/Museum
Municipal Facility
Neighborhood Grocery

C. Conditional use. The following uses are permitted in the Stroudwater Street Growth Area Contract
Zone as a conditional use under Article IV:

Adult Day Care

Bed-and-Breakfast Class 1
Day-Care Center
Dwelling, Multiple-Family
Home Day-Care Provider
Hospital
Medical Office

D. Performance standards. The following performance standards apply in the Stroudwater Street Growth
Area Contract Zone:

(1) Minimum lot size: 5,000 square feet existing; 7,500 square feet new.

(2) Dimension requirements:

(a) Minimum lot width: 50 feet existing; 65 feet new.

(b) Yard setbacks:

[1] Front: 10 feet existing; 15 feet new.

[2] Rear: 10 feet existing; 15 feet new.

[3] Side: 10 feet existing; 15 feet new.

(c) Maximum height: 40 feet

(3) Maximum footprint factor: 40%.

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City of Westbrook, ME

§ 335-6.7 WESTBROOK CODE § 335-6.8

(4) Maximum gross density factor: 70%.

(5) Landscaping factor: 30%.

(6) Residential density factor: one dwelling unit per 5,000 square feet.

(7) Lighting. All outdoor lighting must be of cutoff luminaire variety and must be installed so that
no direct lighting is emitted beyond lot lines.

(8) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(9) Screening. A plan for parking and screening is required for uses other than dwellings, single-
and two-family. Screening may include, but is not limited to, fencing or plantings.

(10) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operations levels of service and pedestrian safety within a
reasonably determined distance from its point of ingress or egress.

(11) Storage of materials. All materials must be stored within an enclosed structure so as to be
screened from view.

E. Conditions. If any use listed as a permitted use or a conditional use, other than a municipal school
facility and related facilities or municipal recreational facility, is proposed for this contract zoning
site, such use shall require an amendment to this contract zoning agreement to establish standards and
restrictions upon such development to ensure protection of the wetlands and natural resources on the
site and to ensure an appropriate transition from the adjoining Residential Growth Area 1 District to
the adjoining Rural District. This requirement shall not apply to a municipal school facility, which
shall not require additional zoning action under this section, but will require site plan approval by the
Planning Board.

§ 335-6.8. Contract Zone 8, 500 Westbrook LLC Contract Zone.

Whereas, the City Council finds that the materials submitted to date on traffic are sufficient to allow
the Council to make the legislative policy judgment that the requested rezoning is consistent with the
Comprehensive Plan and is an appropriate zoning designation for the subject property, understanding that
this rezoning does not approve a specific development project and that the specific development project
will be reviewed by the Planning Board, at which time more detailed information concerning traffic will
be required. Now, therefore, ordered that the City Council hereby authorizes the establishment of the
attached Stroudwater Place Contract Zone, as recommended by the Planning Board; subject, however, to
the condition of the approval of this contract zone, which condition is hereby incorporated into the text
of the contract zoning district, that the applicant must submit a traffic study containing all information
set forth in Section 7 of MDOT's Rules and Regulations Pertaining to Traffic Movement Permits to the
Planning Board at the time of application for site plan approval.

A. Purpose. This zone consists of approximately 61 acres of currently undeveloped land located between
the Westbrook arterial and Stroudwater Street.23 The purpose of this contract zone is to enable a high-
quality integrated, master-planned, mixed-use commercial development that will serve as a gateway
to Westbrook from Exit 47, a regional economic hub and a destination for shoppers and visitors to
the City, while maintaining an appropriate buffer along Stroudwater Street. The kind of development
intended for this zone is further described in the "Guiding Principals for a Master Plan for

23. Note: Amended by Ord. of 2-10-2014. The City Council approved rezoning of Tax Map 9, Lot 3A therefore this parcel is no longer
subject to the CZA. The remaining land in the CZA is Tax Map 9, Lot 3, consisting of 1.95 acres.

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City of Westbrook, ME

§ 335-6.8 LAND USE § 335-6.8

Stroudwater Place, Westbrook, Maine" by Thompson Design Group, dated September 2008
("Guiding Principals"). It is of critical concern to the City that the development envisioned in this
contract zone move forward in a way that protects and has minimal impact on traffic, noise or
light pollution in surrounding neighborhoods (including the neighborhoods in and around Forest
Street, Haskell Street, Rochester Street, Stroudwater Street and Monroe Avenue), school facilities
and currently active agricultural businesses.

B. Permitted uses. The following uses are permitted in the 500 Westbrook LLC Contract Zone as a
matter of right:

Accessory Use
Adult Day Care
Bank Class 2
Business/Executive Suite Hotel
Business Office
Class A Lounge
Club or Lodge
Community Center
Conference/Exhibition Facility
Day Care Center
Dwelling, Multiple-Family
Education Facility
Grocery Store
Health Club
Home Occupation
Horticulture
Hotel/Motel
Intermodal Passenger Transportation Facility
Kiosk Vendor
Library
Light Manufacturing
Media Studio Class 1
Media Studio Class 2
Medical Office
Municipal Facility
Museum
Neighborhood Grocery
Outdoor Farmers' Market

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City of Westbrook, ME

§ 335-6.8 WESTBROOK CODE § 335-6.8

Outdoor Gathering Spaces, including but not limited to picnic area, parade/fairgrounds, etc.
Outdoor Performing Arts Venue
Parking Facility
Public or Private Indoor or Outdoor Recreation or Sports Facility
Research and Development
Restaurant Class 2
Restaurant Class 4
Retail Class 1
Service Business
Theater
Veterinary Office

C. Conditional use. The following use is permitted in the 500 Westbrook LLC Contract Zone as a
conditional use under Article IV:

(1) Child-care center.

D. Performance standards. The following performance standards apply in the 500 Westbrook LLC
Contract Zone:

(1) Dimensional requirements:24

(a) Minimum building setbacks:

[1] From Westbrook arterial: 20 feet.

[2] From Stroudwater Street: 200 feet.

[3] From side property lines: 20 feet.

(b) Maximum height: 75 feet (exclusive of architectural features which may, upon approval
of the design by the Planning Board during site plan review, extend above the roof of the
building, provided such architectural features do not increase habitable space).

(2) Maximum building footprint. The total, cumulative footprint of all buildings within the contract
zone shall not exceed 50% of the land area within the contract zone.

(3) Maximum gross density. The total, cumulative amount of building footprint and impervious
surface shall not exceed 78% of the land area within the contract zone.

(4) Minimum landscaping. At least 22% of the total land area within the contract zone must be
landscaping. Stabilized grass surfaces shall be considered pervious landscaping.

(5) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
that no permanent direct lighting is emitted beyond the lot lines, except for special accent/event
lighting oriented towards the Westbrook arterial. No lighting shall be permitted on architectural

24. Note: The dimensional requirements established in this section apply to the contract zone as a whole and not to individual lots (if
any) within the contract zone.

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City of Westbrook, ME

§ 335-6.8 LAND USE § 335-6.8

features above 75 feet in height.

(6) Buffer. A fifty-foot buffer with berms and trees shall be maintained along the entire Stroudwater
Street frontage, in order to maintain a continuous visual screen, except where a break in the
screen is necessary to provide an emergency access route for public safety purposes.

(7) Traffic impact. Except for emergency vehicle access as determined to be necessary by the City's
public safety officials, there shall be no motor vehicle access between Stroudwater Street and
the development, and the only access to the development shall be from the arterial, or from a
connector road which runs only between the development and the arterial. At the time of site
plan review, 500 Westbrook LLC must submit a traffic study providing all information set forth
in Section 7 of the Maine Department of Transportation's Rules and Regulations Pertaining to
Traffic Movement Permits, as such may be amended from time to time.

(8) Parking. Because of the variety of uses proposed by 500 Westbrook LLC, various uses on the
property will have different operating hours and different peak-period parking demands. In
keeping with principles of optimizing resources, shared parking can therefore be utilized. The
Table of Off-Street Parking in § 335-13.6B shall not apply within this Contract Zone. Instead,
the number of parking spaces to be provided as each phase of the development is undertaken
and in total shall be determined by applying best-practice traffic engineering standards for
shared parking and in accordance with a parking management plan. Parking may be provided
through a combination of surface parking and parking structures. At final build-out, the majority
of parking shall be located in parking structures. Any surface parking, whether provided for an
individual phase or for final build-out, shall be adequately screened from pedestrianways and
public streets. Because of the seasonal variation in parking demand for retail uses, a portion of
the parking may occur on stabilized grass surfaces to function as overflow parking during peak
periods or for special events, but otherwise to function as a fairground/parade ground, field, or
other open area.

(9) Sustainability. Buildings and improvements shall, to the extent feasible, utilize materials,
techniques and designs which incorporate then-current best practices for energy efficiency,
sustainability and low environmental impact.

(10) The final square footage of the development and the square footage of any individual phase shall
be determined by the Planning Board during the site plan review process. Both total square
footage and retail are not to exceed 20% of the square footage depicted on the program diagram
incorporated herein. In addition to any other applicable requirements, at each stage of the
Planning Board's review process (including but not limited to the Master Plan review and review
of each individual phase) the Planning Board shall make specific findings that each of the goals
described in Subsection A is met. At final build-out, the development shall include a mix of the
following uses: retail; office space; hospitality and food; and sports and entertainment.

(11) In addition to the performance standards set forth herein, the development shall comply with
§ 335-13.7 except where qualified herein:

(a) Section 335-13.7D(1), Space and bulk standards, shall not apply.

(b) Section 335-13.7D(2)(b)[2] through [4], lighting standards, shall not apply to special
accent/event lighting.

(c) Section 335-13.7D(2)(c). The buffer or screening shall limit the decibel level of all sounds
or noise that reach the property lines according to limits set by the Planning Board. After

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City of Westbrook, ME

§ 335-6.8 WESTBROOK CODE § 335-6.8

an initial inspection to determine that noise is being emitted, the Code Enforcement
Officer reserves the right to hire a consultant or expert in the field of sound measurement
so as to not have an unreasonable adverse impact on the abutting properties as determined
by the Planning Board. All services billed by the consultant or expert must be paid for by
the owner of the property from which the sound is being emitted.

(d) Section 335-13.7E(1)(a) and (b). The Planning Board shall set such standards so as not to
have an unreasonable adverse impact on the abutting properties as determined by the
Planning Board.

(e) Section 335-13.7E(2) and (3). The Planning Board shall set retail and non-retail hours of
operation during the site plan review process so as not to have an unreasonable adverse
impact on the abutting properties as determined by the Planning Board.

(f) Section 335-13.7F, Building design standards, shall not apply.

(g) Section 335-13.7G(1), Access management, shall not apply.

(h) Section 335-13.7G(2). A traffic study shall be completed after each phase of the
development and shall include, but is not limited to, the new Westbrook Middle School,
Monroe Avenue, Rochester Street, Haskell Street, Stroudwater Street and Forest Street
areas.

(i) Section 335-13.7G(3). The Planning Board may accept the impact study required by the
State Informed Growth Act25 to the extent the Planning Board is satisfied that such study
addresses the requirements of this subsection.

(j) For the purpose of application of these performance standards to this contract zone, the
terms "residentially zoned occupied property" includes Residential Growth Area 1,
Residential Growth Area 2, Residential Growth Area 3 and the Rural Zone.

E. Conditions.

(1) Master Plan.

(a) All buildings within the zone shall be designed and constructed pursuant to an overall plan
for development of the property that contemplates an integrated, internally unified mixed-
use commercial development consistent with the guiding principles and the goals of this
contract zone ("Master Plan").

[1] The Master Plan will incorporate the following design principles:

[a] High-quality public spaces will be an integral component of the development

as a whole and of individual phases.

[b] The development as a whole and individual phases will be streetscape-oriented:

designed so that visitors will park in central facilities and then walk to their
destinations, with building entrances located along and oriented toward the
internal streets.

[2] The Master Plan shall address the timing and type of public amenities, including, but
not limited to, transportation alternatives, trail connections, outdoor gathering areas

25. Editor's Note: See 30-A M.R.S.A. § 4365 et seq.

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City of Westbrook, ME

§ 335-6.8 LAND USE § 335-6.8

and other public spaces. It shall include an activation program, developed in

consultation with the Westbrook Recreation Department, for the management of
multi-use, active recreation fields. The ice-skating facility shall provide for 2.5 free
hours of ice time to Westbrook residents and Westbrook school-aged hockey teams
each day. The schedule shall be developed in consultation with the operator and the
Recreation Department.

(b) In order to achieve the goals of an integrated, master-planned, mixed-use commercial

development that will serve as a gateway to Westbrook from Exit 47, a regional economic
hub and a destination for shoppers and visitors to the City, the Master Plan shall include a
master lease or declaration of covenants containing restrictive covenants which preclude
the following uses: "bargain" or "dollar" stores, wholesalers, sellers of distressed or
salvaged merchandise and other retailers whose advertising, marketing practices or
appearance, either interior or exterior, are not consistent with the kind of quality,
destination-retail development described in the Guiding Principles. In addition, the master
lease or declaration shall incorporate architectural design guidelines controlling matters
such as streetscape design, facade treatment, appearance of public spaces, quality of
common areas, location and appearance of kiosk vendors, signage, landscaping and
lighting, placement of buildings with respect to the public spaces, and such other features
of development which 500 Westbrook LLC deems appropriate to ensure a quality project
and a quality experience for customers of and visitors to the development.

(c) The Master Plan shall be submitted as part of the application for site plan review for the
first phase to be constructed. Any subsequent revisions to that initial Master Plan shall be
submitted as part of each application for site plan review for subsequent phases. Before
approving any phase, the Planning Board must approve the Master Plan as being consistent
with the Guiding Principles and meeting the requirements of this contract zone.

(d) The development of the property shall be substantially consistent with the design
principles articulated in the Guiding Principles and with the design concepts illustrated in
the four depictions attached hereto and incorporated herein.26

(2) Phasing. The property may be developed in phases, with the Planning Board determining during
site plan review what infrastructure improvements are required for the incremental development
of each phase. At a minimum, an outdoor farmers' market area and an intermodal passenger
transportation facility must be constructed within two years after the first 100,000 square feet of
commercial space is occupied. No more than 400,000 square feet of commercial space may be
issued a certificate of occupancy until an outdoor farmers' market area and an intermodal
passenger transportation facility have been constructed. No more than 800,000 square feet of
commercial space may be issued a certificate of occupancy until a central common/outdoor
gathering space has been constructed. No more than 1,200,000 square feet of commercial space
shall be issued a certificate of occupancy until an indoor ice-skating facility, arena or similar
civic facility has been constructed, except that, as an alternative, the City and 500 Westbrook
LLC may agree on a monetary contribution from 500 Westbrook LLC to assist the City in
constructing or operating an off-site facility.

F. Definitions. As used in this section, the following terms shall have the following meanings:
BUSINESS/EXECUTIVE SUITE HOTEL — A hotel that offers customary hotel services and

26. Editor's Note: The referenced documents are on file with the Planning Department.

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City of Westbrook, ME

§ 335-6.8 WESTBROOK CODE § 335-6.8

amenities to the traveling public on a daily basis and also has rooms or suites available for longer-
term rentals, designed and intended to accommodate businesses or institutions and their employees,
contractors or consultants who require temporary lodging while working on temporary assignment or
relocating to the Westbrook area.
CLASS A LOUNGE — An establishment which holds a Class X liquor license from the State of
Maine, which qualifies as a "Class A Lounge" under the provisions of Title 28-A of the Maine
Revised Statutes and is licensed by the Department of Health and Human Services as required by
28-A M.R.S.A. § 1065(5). This category excludes bottle clubs and restaurants that allow patrons to
bring and consume their own alcoholic beverages.
CONFERENCE/EXHIBITION FACILITY — A facility used for conferences, seminars and
exhibitions, and entertainment, which may include accommodations for sleeping, food preparation
and eating, recreation, and meeting rooms, and retail sales and services that are offered primarily
for the convenience of persons attending conferences, seminars or exhibitions at the facility. A
conference/exhibition facility which includes sleeping rooms for guests shall also be considered a
hotel/motel, subject to the requirements of this chapter applicable to hotels/motels.
HEALTH CLUB — A facility where members or nonmembers use equipment or space for the
purpose of physical exercise. This term includes facilities commonly known as "fitness centers" or
"wellness centers."
INTERMODAL PASSENGER TRANSPORTATION FACILITY — A building, structure or
location where two or more modes of transportation intersect and passengers can transfer between
modes.
KIOSK VENDOR — An outdoor vendor selling food or consumer goods or services from a wheeled
cart or a kiosk (a small structure with one or more open sides).
LIBRARY — A public and/or nonprofit facility in which literary, musical, artistic or reference
materials (such as books, manuscripts, recordings or films) are kept for use but not normally for sale.
MUSEUM — A building having public significance due to its architecture or former use or
occupancy or a building serving as a repository for a collection of lasting interest or value arranged,
intended and designed to be used by members of the public for viewing with or without an admission
charge.
OUTDOOR FARMERS' MARKET — An area designated for the seasonal selling at retail of
vegetables, produce, flowers, orchard products and similar agricultural products, or farm-related
products such as jams, jellies, syrups, dairy products, etc.
OUTDOOR PERFORMING ARTS VENUE — An area designed and arranged so that it may be used
for outdoor concerts or performances, including live or multimedia performances or showing of films
or videos. It may include a bandstand, band shell, stage or other shelter for performers, and seating
or seating areas for audiences, any of which may be permanent or temporary. This use category does
not include drive-in theaters.
PUBLIC OR PRIVATE INDOOR OR OUTDOOR RECREATION OR SPORTS FACILITY — An
indoor or outdoor space, which may be publicly or privately owned, that is designed and equipped
for the conduct of sports and leisure-time activities, excluding water slides, amusement parks and
racetracks, and which may include spectator sporting events.
RESEARCH AND DEVELOPMENT — A laboratory or similar facility for investigation into the
natural, physical or social sciences, which may include engineering and product development. Such
use shall not involve the mass manufacturing, fabrication, processing or sale of products.

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City of Westbrook, ME

§ 335-6.8 LAND USE § 335-6.9

RESTAURANT CLASS 4 — A wine bar, winery, brewpub or similar establishment which serves
for consumption on the premises wine, malt liquor, or low-alcohol spirits products, but not spirits,
as those terms are defined in 28-A M.R.S.A. § 2. A Restaurant Class 4 must serve food, but is not
required to have a kitchen and the food need not be prepared on the premises. Restaurant Class 4
excludes bottle clubs and restaurants that allow patrons to bring and consume their own alcoholic
beverages.
THEATER — A building or part of a building used to show motion pictures, or for drama, dance,
musical or other live performances. This term includes multiscreen cinemas, but excludes drive-in
theaters.

§ 335-6.9. Contract Zone 9, The Elms Contract Zone.

This zoning district was created by contract zoning agreement between Scott A. Balfour and the City
of Westbrook, dated February 4, 2013, and is subject to all of the requirements of that contract zoning
agreement. The subject property is described as Map 40 Lot 206 and 102 Cumberland Street and consists
of approximately 0.99 acre. The property is located within the Cumberland Mills Historic District of the
National Register of Historic Places. The subject property is located within the General Development
Shoreland Zone and Village Review Overlay Zone and shall comply with the requirements of those zones.
The purpose of The Elms Contract Zoning District is to provide for a flexible mix of uses in order to
enhance the economic feasibility for this unique property given its unique size, scale, nature, location,
historical use and significance. An appropriate mix of permitted residential and commercial uses, based on
the unique features of the building, location and neighboring industrial, residential and commercial uses
and zones, will provide for the continued viability of this property, while remaining consistent with the
goals established in the City's Comprehensive Plan.

A. Permitted uses.

(1) The property owner is authorized to establish on the property any of the following uses as a
matter of right:

Accessory Use
Bed-and-Breakfast Classes 1 and 2
Business Office
Club or Lodge
Congregate Care Facility
Dwelling, Single-Family
Dwelling, Two-Family
Dwelling, Multiple-Family
Home Occupation
Horticulture
Hotel or Motel
Library or Museum
Medical Office
Restaurant Class 2

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City of Westbrook, ME

§ 335-6.9 WESTBROOK CODE § 335-6.9

Service Business

(2) Uses under this subsection shall have the same definitions as are set forth in § 335-1.8.

B. Conditional uses.

(1) The property owner may establish the following uses as conditional use, subject to review and
approval under Article IV of this chapter:

Educational/Vocational
Funeral Home
Retail Class 1

(2) Uses in this subsection shall have the same definitions as are set forth in § 335-1.8.

C. Performance standards. The following performance standards shall apply in The Elms Contract
Zoning District:

(1) Preservation of historic structure. Upon destruction or demolition of the building, the City
Council shall have the authority, after notice and hearing as required by state law, to terminate
the agreement and rezone of the property to the prior or any successor zoning districts. In such
an event, the property shall then be used only for such other uses as are otherwise allowed by
law.

(2) Buildings, additions and/or alterations must retain the character of the structures. This includes,
but is not limited to, architectural style, windows, doors, roof pitches, and siding material.

(3) Dimensional requirements:

(a) Setbacks: There are no dimension requirements for yard depths.

(b) Height: Building height may not exceed the current building height.

(c) Maximum footprint factor: 40%.

(d) Maximum gross density factor: 70%.

(e) Landscaping factor: 30%.

(f) Residential density factor: 1 dwelling unit per 2,500 square feet of base site area.
(However, minimum size of a residential unit shall be 500 square feet, and an additional
150 square feet per each additional bedroom.)

(4) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
no direct lighting is emitted beyond lot lines.

(5) Noise. Noise levels must not exceed existing levels at the exterior limits of the property.

(6) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(7) Odors. Odors must not exceed existing levels at the lot lines.

(8) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operation level of service and pedestrian safety within 200 feet of

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City of Westbrook, ME

§ 335-6.9 LAND USE § 335-6.10

the point of ingress or egress.

(9) Storage of materials. All materials must be stored within an enclosed structure so as to be
screened from view from the public way.

(10) Parking requirements. The parking requirements of § 335-13.6 are applicable to all uses in The
Elms Contract Zoning District.

(11) Signage. As regulated by § 335-10.6, Signs in City Center District.

(12) Agreement to be recorded. The property owner shall record this contract zoning agreement in
the Cumberland County Registry of Deeds and shall submit proof of recording to the Westbrook
Code Enforcement Officer and the City Planner.

(13) Amendments to agreement. The provisions of this contract zoning agreement shall be deemed
restrictions on the use of the property and shall be amended only upon further written agreement
of the City of Westbrook and the property owner or his successors in interest to the property.
Any amendment will be reviewed and approved in accordance with the requirements of 30-A
M.R.S.A. § 4352(8).

(14) Other reviews. Approval of this agreement will not serve as a waiver of any other applicable
code or review requirements of the Land Use Ordinances.

(15) Department of Environmental Protection. Because the property is located in the General
Development Shoreland Zoning District, this contract zoning agreement shall be forwarded to
the Commissioner of the Maine Department of Environmental Protection.

§ 335-6.10. Contract Zone 10, Gateway West. [Added 5-6-2013 ; amended 5-2-2016 by Ord. No.
2016-34 ]

This zoning district was created by the contract zoning agreement between Storage Realty Corporation and
the City of Westbrook for Gateway West, dated May 6, 2013, and is subject to all of the requirements
of that contract zoning agreement and the Village Review Overlay Zone District. The subject property
is specifically described in the contract zoning agreement and the map attached to that agreement and is
referred to in that agreement as the "rezoned property." Upon fulfillment of the requirements of the contract
zoning agreement, including but not limited to the demolition of the dilapidated building and the land
swap for the construction of roadway improvements identified as necessary in the Comprehensive Plan,
the City Council enacted the subject contract zoning agreement which allows for a wider range of uses that
currently allowed in the City Center Zoning District. The contract zoning agreement and adoption of this
zoning district do not approve a specific development project, and the specific development project will be
reviewed by the Village Review Overlay Zone Committee and must receive final approval by the Planning
Board.

A. Purpose. This zone is intended to promote the redevelopment of the western gateway of downtown
Westbrook. Redevelopment of the western end of Downtown has so far included a three-unit live-
work condominium building on the block to the north of the subject property and a multiunit
apartment building on this same block. Redevelopment of the subject property is intended to spur
additional redevelopment as this is the westernmost parcel in the Downtown and is immediately
visible upon entering Downtown. Building scale, materials and relationship of the first floor to the
sidewalk and the street is critical and the design shall be of a caliber that is appropriate for a gateway
into the Downtown. Development of the subject property shall be consistent with the urban design
and streetscape recommendations of the Downtown Streetscape Plan adopted in 2009.

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City of Westbrook, ME

§ 335-6.10 WESTBROOK CODE § 335-6.10

B. Permitted uses as of right.

(1) The property owner is authorized to establish on the rezoned property any of the following uses
as a matter of right:

Accessory Use
Bank Classes 1 and 2
Bed-and-Breakfast Classes 1 and 2
Business Office
Child-Care Center
Congregate Care Facility
Day-Care Center
Dwelling, Multiple-Family
Educational/Vocational
Florist
Food Cart Vendors
Home Occupation
Hotel or Motel
Library or Museum
Media Studio Class 2
Medical Office
Municipal Facility
Neighborhood Grocery
Parking Facility
Private Indoor Recreation Facility
Restaurant Class 2
Retail Class 1 and 3
Service Business

(2) Uses under this subsection shall have the same definitions as are set forth in § 335-1.8.

C. Conditional uses.

(1) The property owner may establish the following uses as conditional uses, subject to review and
approval under Article IV of the Land Use Ordinance:

Church
Community Center
Light Manufacturing
Research and Development

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City of Westbrook, ME

§ 335-6.10 LAND USE § 335-6.10

Theater

(2) Notwithstanding the requirements of § 335-4.1A(4)(i), conditional uses shall not be required to
provide off-street parking.

(3) Uses in this subsection shall have the same definitions as are set forth in § 335-1.8.

D. Performance standards. The following performance standards shall apply in the Gateway West
Contract Zoning District:

(1) Minimum lot size: none.

(2) Dimensional requirements:

(a) No setbacks are required.

(b) Maximum height: no maximum.

(3) Maximum footprint factor: 100%.

(4) Maximum gross density factor: 100%.

(5) Landscaping factor: none.

(6) Residential density factor: one dwelling unit per 500 square feet of base site area.

(7) Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so
no direct lighting is emitted beyond lot lines.

(8) Noise. Noise levels must not exceed levels at the exterior limits of the property.

(9) Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(10) Odors. Odors must not exceed existing levels at the lot lines.

(11) Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to
maintain the existing traffic operation level of service and pedestrian safety within 200 feet of
its point at ingress or egress.

(12) Storage of materials. All materials must be stored within an enclosed structure so as to be
screened from view.

(13) Parking requirements. The parking requirements of Article XIII are only applicable to the
following uses in the Gateway West Contract Zoning District: day-care center, child-care center,
and multiple-family dwelling.

(14) Signage:

(a) Building signage, Lot 46. Provided that the building proposed for Tax Map 32, Lot 46 is a
building consisting of northerly and southerly facades of not less than 100 linear feet, more
or less, easterly and westerly facades of not less than 50 linear feet, more or less, and a
building height of not less than 28 feet, more or less, to the trusses for the sloped roof,
together with a building height at the top of the roof of not more than 41 feet, more or less,
the following building-mounted signage shall be permitted, provided the total amount of
signage on the four sides, once signage calculations are reviewed and approved, shall not

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City of Westbrook, ME

§ 335-6.10 WESTBROOK CODE § 335-6.11

exceed the maximum allowed in § 335-10.6, Signs in City Center District:

Building Sign Area

Facade (square feet)
North (Main Street) 96
South (William Clarke) 96
East (Parking lot) 49
West (Front of building) 128

(b) Other signage. Any other signage shall comply with the requirements of § 335-10.6 (the
provisions for signs in the City Center District).

(15) Access. Access to the site shall be limited to a single combined access and egress driveway onto
Main Street and a single combined access and egress driveway onto William Clarke Drive. This
access shall also provide access to the property shown on Tax Map 32 as Lot 38. The
configuration and exact location of the driveways will be determined as part of the site plan
approval for the new development.

§ 335-6.11. Contract Zone 11, 212 Brown Street Contract Zone. [Added 10-1-2018 by Ord. No.
2018-134 ]

A. Purpose: To provide flexible zoning standards and increased density that will incite new investment
in the neighborhood, leading to higher-quality housing and neighborhood conditions.

B. Permitted uses: permitted uses within the RGA 1 District.

C. Conditional uses: conditional uses allowed within the RGA 1 District.

D. Space and bulk regulations:

(1) Minimum net residential density for entire contract zone: one unit per 650 square feet.

(2) Minimum area per dwelling unit: 600 square feet.

(3) Minimum lot area: 5,000 square feet.

(4) Minimum street frontage: 50 feet.

(5) Minimum yard setbacks: zero feet front (Brown Street and North Street), five feet side, 15 feet
rear.

(6) Minimum distance between buildings: eight feet.

(7) Maximum height of buildings: three stories or 45 feet.

E. Area to be included in the zone: Tax Map 33, Lot 250 (212 Brown Street).

F. In addition to the zone, we ask that you set as the following conditions of contract zone approval that:

(1) Each dwelling unit will provide a minimum of 1.5 off-street parking spaces per unit transferable
for those units with required lease agreement or easements and within a reasonable distance.

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City of Westbrook, ME

§ 335-6.11 LAND USE § 335-6.12

(2) The 212 Brown Street Contract Zone frontage along North Street will be designated as no
parking by the City of Westbrook.

§ 335-6.12. Contract Zone 12, Rock Row Contract Zone. [Added 4-22-2019 by Ord. No. 2019-58 ]

Whereas, the City Council finds that the materials submitted to the Planning Board to date on traffic
and master planning are sufficient to allow the Council to make the legislative policy judgment that the
requested rezoning is consistent with the Comprehensive Plan and is an appropriate zoning designation for
the subject property, understanding that this rezoning does not approve a specific development project and
that the specific development project will be reviewed by the Planning Board, at which time more detailed
information concerning traffic and design will be required; now, be it therefore ordered that the City
Council hereby authorizes the establishment of the attached Rock Row Contract Zone and the rezoning of
the property (as defined below), as recommended by the Planning Board.

A. Purpose.

(1) The Rock Row Contract Zone consists of land located within Larrabee Road, the Westbrook
arterial, Main Street, and the Westbrook/Portland boundary line (the "property"), more
particularly shown on Exhibit A attached hereto.27 The purpose of this contract zone is to enable
a high-quality integrated, master-planned, mixed-use commercial development (the
"development") that will serve as a gateway to Westbrook from Interstate 95 Exits 47 and 48,
as a regional economic hub, and as a destination for visitors and shoppers to the City and the
state. The kind of development intended for this zone is further described in the Rock Row
Master Plan prepared by Waterstone Properties and Wakefield Beasley and Associates, attached
as Exhibit A (the "Master Plan").28 At final build-out, the development is anticipated to include
a mix of the following uses:

(a) Retail;

(b) Office space;

(c) Hospitality and food;

(d) Sports and entertainment;

(e) Commercial; and

(f) Residential.

(2) It is of critical concern to the City that the development envisioned in this contract zone move
forward in a way that protects and has minimal impact on traffic, surrounding neighborhoods,
school facilities and currently active agricultural businesses.

B. Permitted uses. All uses permitted in the Gateway Commercial District in § 335-5.9 of the Land Use
Ordinance (the "Ordinance") are permitted in the Rock Row Contract Zone, and in addition, the
following uses are permitted in the Rock Row Contract Zone as a matter of right:

(1) Car wash.

(2) Data center.

27. Editor's Note: Exhibit A is on file with the Planning Department.

28. Editor's Note: Said Master Plan is on file with the Planning Department.

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City of Westbrook, ME

§ 335-6.12 WESTBROOK CODE § 335-6.12

(3) Indoor or outdoor performing arts facility.

(4) Intermodal passenger transportation facility.

C. Conditional use. All uses permitted in the Gateway Commercial District as conditional uses in
§ 335-5.9 of this chapter are permitted as conditional uses in the Rock Row Contract Zone, and in
addition, the following uses are permitted in the Rock Row Contract Zone as conditional uses under
Article IV of this chapter:

(1) Water park.

D. Phasing. The Rock Row Contract Zone includes four phases as shown in the Rock Row Master Plan
attached as Exhibit A.29 The Development may be further divided and developed in subphases
without requiring amendment of this contract zone, so long as the overall development in subphases
is consistent with the purpose and intent of this contract zone. The Planning Board will determine
during site plan review what infrastructure improvements are required for the incremental
development of each phase or subphase.

(1) Phase I is intended for retail development at Main Street and Larrabee Road.

(2) Phase II is intended for high-density mixed-use development in the center of the property,
including but not limited to retail, restaurants, entertainment, hotel, residential, and office space.
(Because of the density of development and amounts of buildings and infrastructure in this
phase, it will be developed in subphases as Phases IIA and IIB.)

(3) Phase III is intended for higher-density mixed-use development, residential uses and an
amphitheater, including but not limited to retail, residential, office (potential for office tower),
amphitheater, performing arts center, and health care.

(4) Phase IV is the area south of Nasons Brook intended for health care office, office, commercial,
and higher-density residential use.

E. Dimensional and performance standards. The following dimensional and performance standards
apply in the Rock Row Contract Zone:

(1) Dimensional requirements.

(a) Minimum building setbacks:

[1] From Westbrook arterial: 20 feet.

[2] From Main Street: 20 feet.

[3] From Larrabee Road: 20 feet.

[4] From side property lines and within the property: zero feet.

[5] The minimum building setbacks established in this Subsection E(1)(a) apply to the
contract zone as a whole and not to individual lots within the contract zone. All
buildings must have adequate emergency access as reasonably determined by the
Fire Inspector. Recreational trails, driveways, sidewalks, signs and other nonbuilding
structures and elements may be located within the minimum building setbacks.

29. Editor's Note: Exhibit A is on file with the Planning Department.

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City of Westbrook, ME

§ 335-6.12 LAND USE § 335-6.12

(b) Minimum front setback from interior private ways: none.

(c) Minimum lot size: none.

(d) Minimum lot frontage: none.

(e) Yard depth: none.

(f) Maximum height: up to 12 stories, but no taller than 150 feet (exclusive of architectural
features which may, upon approval of the design by the Planning Board during site plan
review, extend above the roof of the building, provided such architectural features do not
increase habitable space).

(g) Maximum building footprint factor. The total, cumulative footprint of all buildings within
each phase or subphase of the Rock Row Contract Zone shall not exceed the percentage of
the base site area shown in Table 1 below; the base site area shall include all land within
the phase or subphase in which the buildings are located.

(h) Maximum gross density factor. The total, cumulative amount of building footprint and
impervious surface within each phase or subphase of the Rock Row Contract Zone shall
not exceed the percentage of the base site area shown in Table 1 below; the base site area
shall include all land within the phase or subphase in which the buildings and impervious
surface are located.

(i) Minimum landscaping factor.

[1] The minimum percentage of the base site area within each phase or subphase of the
Rock Row Contract Zone that must be landscaped is shown in Table 1 below; the
base site area shall include all land within that phase or subphase in which the
landscaping is located.

[2] Stabilized grass or vegetated surfaces and unpaved recreational trails shall be
considered pervious landscaping from a gross density/landscaped factor definition.

(j) Residential density factor.

[1] Residential density shall be a minimum of 500 square feet of base site area per
dwelling unit within that phase or subphase of the Rock Row Contract Zone in which
the residential use is located.

[2] The base site area shall include all land within the phase or subphase in which the
dwellings are located, and the base site area that satisfies the residential density
requirement may be used for other nonresidential buildings and uses.

[3] The building containing the residential use must be located on the land/lot
encumbered by the density factor.

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City of Westbrook, ME

§ 335-6.12 WESTBROOK CODE § 335-6.12

Table 1

Phase I Phase II A and B Phase III Phase IV

Maximum building 85% 100% 85% 85%

footprint factor

Maximum gross density 85% 100% 85% 85%

factor

Minimum landscaping 15% None 15% 15%

factor

(2) Performance standards.

(a) Lighting.

[1] All permanent outdoor lighting fixtures, except those used for lighting displays, must
be of the cutoff luminaire variety and must be installed so that no permanent direct
lighting is directed beyond the Rock Row Contract Zone property lines.

[2] No permanent lighting shall be permitted on architectural features above 180 feet in
height except as otherwise required by FAA requirements.

[3] Lighting displays are permitted throughout the contract zone for special accents,
special events, general information, and advertising for the development or
businesses and tenants within the Rock Row Contract Zone or for sponsorship of
development programming, and may be in the form of digital displays, including, but
not limited to, holographic signs, changeable signs (as defined in 23 M.R.S.A.
§ 1914), water features, and light displays on the quarry walls and on other
development elements; provided, however, that such lighting displays not be directed
beyond the Rock Row Contract Zone property lines and shall not constitute a
distraction to operators of motor vehicles on public ways.

(b) Traffic impact. Access to the Rock Row Contract Zone shall be from the Westbrook
arterial, Main Street, and Larrabee Road in accordance with traffic movement permits
issued by the Maine Department of Transportation's Rules and Regulations pertaining to
traffic movement permits, as such may be amended from time to time.

(c) Parking. Because of the variety of uses proposed by the developers of Rock Row, various
uses on the property will have different operating hours and different peak-period parking
demands. In keeping with principles of optimizing resources, shared parking can therefore
be utilized.

[1] The Table of Off-Street Parking in § 335-13.6B(1) and the provisions of

§ 335-13.6B(4) and (5) of this chapter shall not apply within this contract zone.
Instead, the number of parking spaces to be provided as each phase or subphase of
the development is undertaken and in total shall be determined by the Planning Board
by applying best-practice traffic engineering standards for shared parking and in
accordance with a parking management plan.

[2] For phases of the development that are to be constructed primarily with residential
uses, where the development will be constructed with an emphasis on transportation
alternatives to automobile and will feature mass transit, bicycle and pedestrian

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City of Westbrook, ME

§ 335-6.12 LAND USE § 335-6.12

transportation options, for multifamily dwellings within the development, 1.0

parking space will be required for each dwelling unit. [Amended at time of
adoption of Code (see Ch. 1, General Provisions, Art. II)]

[3] Parking may be provided through a combination of surface parking and parking
structures.

[4] Low-utilization, temporary-surface parking may be provided on gravel or stabilized

grass or vegetated surfaces, utilizing materials, including, but not limited to,
"grasscrete."

[5] Except for Phase I of the development, for which surface parking will be provided in
accordance with the approved plans therefor, any surface parking, whether provided
for an individual phase or for final build-out, shall be adequately screened from
pedestrianways and public streets.

(d) Internal roads.

[1] Internal roads in the development are "private ways" as defined and regulated by this
chapter.

[2] Internal roads/private ways leased to public entities that count as lots for purposes of
the state subdivision law30 are exempt from complying with dimensional and
performance standards of this chapter, but shall comply with the applicable
provisions of § 335-13.3G(3), Design standards for streets and private rights-of-way.

[3] Such internal roads/private ways will not be considered public ways for purposes of
Maine sign, traffic and motor vehicle statutes and regulations and this chapter.

[4] The developer will provide for unified management responsibility for maintenance,
plowing, and repair of the private ways.

(e) Noise.

[1] The Planning Board shall establish maximum sound levels on a case-by-case basis
for uses and activities in the Rock Row Contract Zone that will prevent undue
adverse noise impact to neighboring properties.

[2] The developer shall conduct pre- and post-construction sound level testing and
analysis to assist the Planning Board in establishing sound level standards.

[3] Operators of uses and activities in the Rock Row Contract Zone that generate noise
shall undertake sound level testing at locations set with the approval of the Planning
Board and shall comply with those standards.

[4] Noise standards for development in the Gateway Commercial District previously
approved by the Planning Board shall remain valid under this Rock Row Contract
Zone enactment.

(f) Recreation and Conservation Commission recommendation.

[1] The Recreation and Conservation Commission shall review applications for site plan

30. Editor's Note: See 30-A M.R.S.A. 4401 et seq.

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City of Westbrook, ME

§ 335-6.12 WESTBROOK CODE § 335-6.12

or subdivision approvals in each phase or subphase of the development subsequent

to Phase I.

[2] The Commission shall have 30 days to make its recommendation to the Planning
Board on the open-space-related recreation and the landscaping aspects of the
application. If no recommendation is provided to the Planning Board within the
thirty-day period, the Planning Board may proceed with a public hearing without the
recommendation.

[3] However, this recommendation shall not be required for administrative changes
under § 335-13.5.

(g) Sections specifically not applicable to development.

[1] Section 335-13.7 of the site plan provisions of this chapter does not apply to this
development.

[2] Section 205-22B of the City Code, which limits outdoor dining hours for restaurant
uses that abut a residential zone to 7:00 a.m. to 11:00 p.m., does not apply to this
development, and there are no limits on outdoor dining hours for such uses.

(h) Prior development approvals remain valid. All previous City of Westbrook planning, land
use and zoning approvals issued for this development and phases and portions thereof with
conditions of approval and standards are still valid unless and until amended by the
Planning Board or other permitting authority.

F. Signage standards. The sign regulations of Article X of this chapter apply to signage in this Rock
Row Contract Zone except as modified by this Subsection F; although the underlying zoning district
for the development is Gateway Commercial, signage in the development shall be regulated as though
it is located in the City Center District, under § 335-10.6 of this chapter, except as modified herein by
this subsection.

(1) General.

(a) Traffic safety and illumination. Section 335-10.6 of this chapter notwithstanding:

[1] Changeable signs shall be allowed as permitted under state law and subject to
Subsection F(2)(k) of this section; and

[2] There is no limitation on the hours during which illuminated signs may operate.

(b) Sign height. Section 335-10.6 of this chapter notwithstanding, the topmost element of any
sign may not be higher than 10 feet above the cornice line of any building.

(c) Temporary signs. Section 335-10.6C(11) of this chapter notwithstanding:

[1] The maximum area of real estate signs per lot is 144 square feet per lot or building
proposed for lease, sale or rent, and such signs shall not be of a banner construction;

[2] The maximum area of a new business sign is 144 square feet and must be attached to
the structure, and such signs shall not be of a banner construction; and

[3] Construction signage may be placed continuously along fencing on public ways that
the development fronts upon, so long as such signage does not exceed a height of

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City of Westbrook, ME

§ 335-6.12 LAND USE § 335-6.12

four feet above the abutting street or sidewalk, whichever is taller, and may be of a
banner construction.

(2) Sign types allowed.

(a) Building-mounted signs.

[1] Storefront building-mounted sign. Section 335-10.6C(1) of this chapter

notwithstanding:

[a] One building-mounted sign per tenant on the storefront facade fronting upon a
public or private way or a parking area, and for tenants of building corners, an
additional sign on the other storefront facade fronting upon another public or
private way or parking area is permitted.

[b] Maximum sign area shall be at the ratio of one square foot per one linear foot
of tenant frontage, with a maximum sign area of 10% of the relevant facade
wall area.

(b) Ground-mounted signs.

[1] Section 335-10.6C(2) of this chapter notwithstanding, one ground-mounted sign is

permitted per lot.

[2] The sign area for ground-mounted signs shall be no more than 100 square feet,
including all tenant signage, per side, may advertise the name of the Development or
of tenants in buildings on that lot, and may include a message board or changeable
sign in the 100 square feet of sign area.

[3] One ground-mounted sign will be allowed at each of the four major entrances to the
development (one from Main Street, one from the Westbrook arterial, and two from
Larrabee Road);

[4] No additional ground-mounted signs will be allowed in the area between Larrabee
Road and the road named "Rock Row," but additional ground-mounted signs at the
above ratio of one per lot will be allowed in the area that is east of the road named
"Rock Row," except that no additional ground-mounted signs will be allowed in the
Phase I area that is east of the road named "Rock Row."

[a] Monument signs. "Ground-mounted monument signs" are signs mounted to the
ground by a solid (opaque) base structure made of wood (painted or varnished
and weather treated), brick, or stone. A monument sign shall be no taller than
25 feet, including the base and setback, to avoid sight line issues for the
motoring public.

[b] Pylon signs. "Ground-mounted pylon signs" are signs mounted to the ground
by poles made of materials consistent with this Land Use Ordinance. A pylon
sign shall be no taller than 25 feet, including the base.

(c) Blade sign.

[1] Section 335-10.6C(3) of this chapter notwithstanding, one blade sign per tenant is
permitted.

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City of Westbrook, ME

§ 335-6.12 WESTBROOK CODE § 335-6.12

[2] For tenants of spaces located in building corners with storefront facades fronting
upon two or more public or private ways or parking areas, the tenant is permitted one
blade sign along each facade or a single vertical blade sign at the corner, and blade
signs may be spaced more closely than one every 25 feet of linear frontage on a
freestanding building.

[3] Proof of general liability insurance to protect the City of Westbrook is not required.

(d) Message boards. Message board signs are permitted where freestanding (ground-mounted)
signs are allowed.

(e) Sandwich boards. Sandwich board signs are permitted in the Rock Row Development on
sidewalks along internal roads at a frequency of no more than one per 20 feet of linear
building frontage along the internal road, and these shall meet this chapter requirements
for size, except that proof of general liability insurance to protect the City of Westbrook is
not required.

(f) Entry point tenant directory sign. Section 335-10.6C(6) of this chapter notwithstanding, an
entry point tenant directory sign is permitted for occupants located on the second floor and
above for each multistory building in the development, which sign may be built similar to
a monument sign, shall have a maximum sign height of six feet, including the base, and
shall have a maximum letter height for the building/development name or logo of eight
inches, and for all other lettering of four inches.

(g) Directional (wayfinding) signs.

(h) Window signs.

(i) Canopy or awning sign. Section 335-10.6C(9) of this chapter notwithstanding, canopy or
awning signs may include graphics and/or the tenant's logo if the tenant's storefront has no
building-mounted signs, including but not to limited blade signs, and each such canopy or
awning may have a length of up to the full length of the storefront. Proof of general
liability insurance to protect the City of Westbrook is not required.

(j) Marquee sign (amphitheater/theater/performing arts facility). A marquee sign is permitted

for each amphitheater, theater, or performing arts center in the development. Each
marquee sign may be up to 500 square feet in sign area.

(k) Changeable signs (as defined in 23 M.R.S.A. § 1914). One changeable sign with two sides
is allowed for each public way that provides vehicular access to a business, facility or point
of interest in the development. The total area of the changeable board area shall not exceed
60 square feet per side. The sign may include a changeable message, but the message may
not change more than once every five minutes.

(l) Menu boards. These may be placed alongside the entrances to eating or drinking
establishments and are not to exceed four square feet.

(m) Multistory business/office building. Internally illuminated signs constructed of metal and
plastic may be allowed on multistory business and/or office buildings with over three
floors, as measured from street level, to identify up to three major tenants of the building.
The following standards apply:

[1] Only one such sign is permitted per tenant per facade, identifying up to three major

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City of Westbrook, ME

§ 335-6.12 LAND USE § 335-6.12

tenants of the building.

[2] Such signs may not be placed below the third floor of the building, and the topmost
element of any sign may not be higher than 10 feet above the cornice line of the
building.

[3] Maximum signage area shall be determined by the height of the building.

[a] Eighteen feet to 100 feet: 200 square feet.

[b] One hundred one feet to 150 feet: 300 square feet.

[4] Maximum signage height shall be determined by the height of the building.

[a] Eighteen feet to 100 feet: four feet.

[b] One hundred one feet to 150 feet: six feet.

[5] Maximum signage width (maximum percentage of facade length): 66%.

(n) Internal special events signage.

[1] Signage for internal special events, special accent, general wayfinding or directory
information, advertising for the development or businesses and tenants within or
outside of the Rock Row Contract Zone, or for sponsorship of development
programming, is permitted along the internal roads and on buildings within the
contract zone in the form of freestanding signs on sidewalks and digital displays,
including, but not limited to, holographic signs, changeable messaging, LED screens,
light displays, and projections onto buildings and structures in the development;
provided, however, that:

[a] Such signage, lighting, displays, and projections shall be of a pedestrian scale,
shall not be directed beyond the Rock Row Contract Zone Property lines, shall
not be visible from public ways, and shall not constitute a distraction to
operators of motor vehicles on public ways;

[b] Any such sign structures shall be no larger than six feet tall and four feet wide
and have a message area of no greater than 16 square feet per side and shall be
located at least 50 feet apart from each other;

[c] The area of any projection upon a building or structure shall be reasonably
determined by the Planning Board based upon the size of the available
projection area on that building or structure and the distance of that projection
area from the sidewalk area where the projection is to be viewed, as well as
upon compliance with this provision; and

[d] The total number of such signs and projections or area shall be determined for
each phase by the Planning Board at its reasonable discretion based upon the
standards of this provision, but the total number of such signs, lighting,
displays, and projections in the development shall not exceed 25.

[2] This provision does not include any quarry lighting display, which is separately
addressed in § 335-6.12E(2)(a).

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City of Westbrook, ME

§ 335-6.12 WESTBROOK CODE § 335-6.12

(o) Murals/painted signs.

[1] A large picture/image (including but not limited to painted art) which is painted or
affixed directly onto a vertical building wall, which contains text, logos, and/or
symbols, shall be considered building-mounted signage and be limited as per the
building-mounted signage section of this chapter.

[2] A wall, facade, or surface that is used for a mural pertaining to the business on which
it is located shall be counted as one sign.

[3] However, a large picture/image (including but not limited to painted art) which is
painted or affixed directly onto a vertical building wall which is devoid of advertising
and does not contain text, logos and/or symbols intended to advertise or indicate the
name of the premises, products or services available shall not constitute a sign.

(p) Prohibited signs. "Feather flag" and "blow-up" signs are prohibited in the development.

G. Conditions.

(1) Master Plan.

(a) All buildings within the Rock Row Contract Zone shall be designed and constructed
pursuant to an overall plan for development of the property that contemplates an
integrated, internally unified, mixed-use commercial development of a design, with uses,
and at densities, consistent with the Master Plan attached as Exhibit A hereto.31 That
Master Plan is a conceptual document that will include a design plan and narrative, and
will incorporate the following design principles:

[1] High-quality public spaces will be an integral component of the development as a

whole and of individual phases.

[2] The development as a whole and in individual phases and subphases will be
streetscape oriented and designed so that, except in Phase I, visitors will park in
central facilities (surface parking and decks) and then walk to their destinations, with
building entrances located along and oriented toward the internal roads.

(b) The Master Plan is submitted as part of the Rock Row Contract Zone application. It is
understood that the details of the Master Plan may be changed or modified as the developer
applies for site plan review of each phase or subphase, and the Master Plan shall not
require modification by amendment to the Rock Row Contract Zone so long as the changes
or modifications to the Master Plan for each individual phase or subphase or to buildings
or infrastructure therein are consistent with the purpose and intent of the Rock Row
Contract Zone.

(c) The development of the property and of each phase and subphase subsequent to Phase 1
shall be substantially consistent with the design principles articulated in the Master Plan
and with the design concepts, including but not limited to landscaping, illustrated in
Exhibit A attached hereto and incorporated herein.32

(2) Annual meetings with the City.

31. Editor's Note: Said exhibit is on file with the Planning Department.
32. Editor's Note: Said exhibit is on file with the Planning Department.

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City of Westbrook, ME

§ 335-6.12 LAND USE § 335-6.12

(a) Calls for public safety service volume. A representative of Waterstone Properties, or of its
successors or assigns, shall meet annually with the City's public safety departments
(Police, Fire & Rescue and Dispatch) to review the volume of calls for service, not
including concerts and amphitheater event service calls.

(b) Water quality in previous quarry pit. A representative of Waterstone, or of its successors
or assigns, shall meet annually with City staff from the Planning and Engineering/
Wastewater Departments to review and discuss the quality of water contained in the quarry
pit.

(3) Amendment process. Provisions of § 335-13.5 of this chapter to the contrary notwithstanding,
Planning Staff may exempt from Planning Board approval an unlimited number of
administrative change approvals for development in the contract zone so long as all other criteria
of the exemptions from site plan review provisions in § 335-13.5 of this chapter are satisfied.

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City of Westbrook, ME

§ 335-7.1 LAND USE § 335-7.1

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.

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City of Westbrook, ME

§ 335-7.1 LAND USE § 335-7.1

[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,

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City of Westbrook, ME

§ 335-7.1 WESTBROOK CODE § 335-7.1

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

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City of Westbrook, ME

§ 335-7.1 LAND USE § 335-7.1

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 ]

(a) Provide time to examine alternative ways to meet the owner's needs.

(b) Provide an opportunity to relocate, rather than demolish, the structure.

(c) Allow time to make a photographic survey of the structure for recording purposes.

(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.

(a) In addition to the standards of § 335-7.1G, residential uses within the Downtown District
are subject to the standards and restrictions as described in § 335-5.1, City Center District.
[Added 1-6-2020 by Ord. No. 2019-193 ]

(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.

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City of Westbrook, ME

§ 335-7.1 WESTBROOK CODE § 335-7.1

(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

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City of Westbrook, ME

§ 335-7.1 LAND USE § 335-7.1

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

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City of Westbrook, ME

§ 335-7.1 WESTBROOK CODE § 335-7.3

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.

K. Fees. See Chapter A400, Master Fee Schedule.

§ 335-7.2. (Reserved)33

§ 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.

33. 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.

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City of Westbrook, ME

§ 335-7.3 LAND USE § 335-7.4

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.

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City of Westbrook, ME

§ 335-7.4 WESTBROOK CODE § 335-7.4

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.

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City of Westbrook, ME

§ 335-7.4 LAND USE § 335-7.6

(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 Service Business Overlay Zone. [Added 8-1-2016 ]

A. Purpose. The purpose of this overlay district is to allow service business as a use in a defined area
within the Residential Growth Area 2. Service businesses must receive a conditional use permit.
Particular interest will be paid to the potential impacts of businesses upon adjacent residential uses,
such as parking, traffic and building appearance. [Amended at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]

B. Area of zone. The area to be included in the Residential Growth Area 2 Service Business Overlay
Zone is depicted on the Westbrook Zoning Map. (Lots 44/56A, 44/68A, 44/67, 44/68).

C. Permitted uses. Those uses permitted as a matter or right in the underlying zoning district.

D. Conditional uses. Those uses permitted as a conditional use, in accordance with Article IV, in the
underlying zoning district, plus the following: Service Business. [Amended at time of adoption of
Code (see Ch. 1, General Provisions, Art. II)]

E. Performance standards. Businesses shall comply with those standards as defined in the underlying
zoning district and in accordance with Article IV, Conditional Uses.

§ 335-7.6. Retail Class 4 Overlay District. [Added 1-6-2020 by Ord. No. 2019-194 ]

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City of Westbrook, ME

§ 335-7.6 WESTBROOK CODE § 335-7.6

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.

(1) Dimension requirements.

(a) Maximum footprint factor: The principle structure of a Retail Class 4 Use may not exceed
a footprint of 3,500 square feet.

(b) Maximum gross density factor: 85%.

(c) Landscape factor: 15%.

(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.

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City of Westbrook, ME

§ 335-7.6 LAND USE § 335-7.7

(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:

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City of Westbrook, ME

§ 335-7.7 WESTBROOK CODE § 335-7.7

[a] Provide design variation so that adjacent and opposite structures have no less
than three differing architectural aesthetics, treatments and/or fenestrations,
such as:

[i] Windows/doors.

[ii] Rooflines.

[iii] Materials.

[iv] Colors.

[v] Exterior lighting.

[vi] Architectural structural element (porches, breezeway, etc.).

[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] Structures adjacent to Lincoln Street shall be subject to the following:

[a] Maximum setback: 30 feet.

[b] Lincoln Street facades shall be designed to appear forward facing.

[c] Where feasible, primary access and parking shall be to the rear of the structure.

(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

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City of Westbrook, ME

§ 335-7.7 LAND USE § 335-7.8

[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:

(1) Served by both public water and public sewer;

(2) In a district where multifamily dwellings are permitted;

(3) Served by public transportation (1/4 mile radius from lot's street access to a bus stop).

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.

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City of Westbrook, ME

§ 335-7.8 WESTBROOK CODE § 335-7.8

(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.

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City of Westbrook, ME

§ 335-8.1 LAND USE § 335-8.7

ARTICLE VIII
Shoreland Protection Zone
[Added 9-14-2015 ; amended 4-24-2017 ]

§ 335-8.1. Purposes.

The purposes of this article are to further the maintenance of safe and healthful conditions; to prevent
and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat;
to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and
historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal
wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and
visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and
open space; and to anticipate and respond to the impacts of development in shoreland areas. This article
may contain sections or statements that do not apply to the City of Westbrook due to its geographic
location (noncoastal); however, the Maine DEP State Model was included in its entirety for the purposes
of consistency for future amendments.

§ 335-8.2. Authority.

This article has been prepared in accordance with the provisions of 38 M.R.S.A. §§ 435 to 449.

§ 335-8.3. Applicability.

This article applies to all land areas within 250 feet, horizontal distance, of the normal high-water line of
any great pond or river, upland edge of a coastal wetland, including all areas affected by tidal action, or
upland edge of a freshwater wetland, and all land areas within 75 feet, horizontal distance, of the normal
high-water line of a stream. This article also applies to any structure built on, over or abutting a dock, wharf
or pier, or other structure extending or located below the normal high-water line of a water body or within
a wetland.

§ 335-8.4. When effective.

This article, which was adopted by the municipal legislative body on April 24, 2017, shall not be effective
unless approved by the Commissioner of the Department of Environmental Protection. A certified copy
of the article, or article amendment, attested and signed by the Municipal Clerk, shall be forwarded to the
Commissioner for approval. If the Commissioner fails to act on this article, or article amendment, within
45 days of his/her receipt of the article, or article amendment, it shall be automatically approved. Any
application for a permit submitted to the municipality within the forty-five day period shall be governed
by the terms of this article, or article amendment, if the article, or article amendment, is approved by the
Commissioner.

§ 335-8.5. Availability.

A certified copy of this article shall be filed with the Municipal Clerk and shall be accessible to any
member of the public. Copies shall be made available to the public at reasonable cost at the expense of the
person making the request. Notice of availability of this article shall be posted.

§ 335-8.6. Severability.

Should any section or provision of this article be declared by the courts to be invalid, such decision shall
not invalidate any other section or provision of the article.

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City of Westbrook, ME

§ 335-8.7 WESTBROOK CODE § 335-8.10

§ 335-8.7. Conflict with other provisions.

Whenever a provision of this article conflicts with or is inconsistent with another provision of this article
or of any other ordinance, regulation or statute administered by the municipality, the more restrictive
provision shall control.

§ 335-8.8. Amendments.

This article may be amended by majority vote of the legislative body. Copies of amendments, attested
and signed by the Municipal Clerk, shall be submitted to the Commissioner of the Department of
Environmental Protection following adoption by the municipal legislative body and shall not be effective
unless approved by the Commissioner. If the Commissioner fails to act on any amendment within 45 days
of his/her receipt of the amendment, the amendment is automatically approved. Any application for a
permit submitted to the municipality within the forty-five-day period shall be governed by the terms of the
amendment, if such amendment is approved by the Commissioner.

§ 335-8.9. Districts and Zoning Map.

A. Official Shoreland Zoning Map. The areas to which this article is applicable are hereby divided into
the following districts as shown on the Official Shoreland Zoning Map(s), which is (are) made a part
of this article:

(1) Resource Protection.

(2) Limited Residential.

(3) Limited Commercial.

(4) General Development I.

(5) General Development II.

(6) Commercial Fisheries/Maritime Activities.

(7) Stream Protection.

B. Scale of map. The Official Shoreland Zoning Map shall be drawn at a scale of not less than one inch
equals 2,000 feet. District boundaries shall be clearly delineated, and a legend indicating the symbols
for each district shall be placed on the map.

C. Certification of Official Shoreland Zoning Map. The Official Shoreland Zoning Map shall be certified
by the attested signature of the Municipal Clerk and shall be located in the municipal office. In the
event the municipality does not have a municipal office, the Municipal Clerk shall be the custodian
of the map.

D. Changes to the Official Shoreland Zoning Map. If amendments, in accordance with § 335-8.8, are
made in the district boundaries or other matter portrayed on the Official Shoreland Zoning Map, such
changes shall be made on the Official Shoreland Zoning Map within 30 days after the amendment has
been approved by the Commissioner of the Department of Environmental Protection.

§ 335-8.10. Interpretation of district boundaries.

Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property lines,

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City of Westbrook, ME

§ 335-8.10 LAND USE § 335-8.12

the center lines of streets, roads and rights-of-way, and the boundaries of the shoreland area as defined
herein. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals
shall be the final authority as to location.

§ 335-8.11. Land use requirements.

Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no
building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered
and no new lot shall be created except in conformity with all of the regulations herein specified for the
district in which it is located, unless a variance is granted.

§ 335-8.12. Nonconformance.

A. Purpose. It is the intent of this article to promote land use conformities, except that nonconforming
conditions that existed before the effective date of this article or amendments thereto shall be allowed
to continue, subject to the requirements set forth in this § 335-8.12. Except as otherwise provided in
this article, a nonconforming condition shall not be permitted to become more nonconforming.

B. General.

(1) Transfer of ownership. Nonconforming structures, lots, and uses may be transferred, and the
new owner may continue the nonconforming use or continue to use the nonconforming structure
or lot, subject to the provisions of this article.

(2) Repair and maintenance. This article allows, without a permit, the normal upkeep and
maintenance of nonconforming uses and structures including repairs or renovations that do not
involve expansion of the nonconforming use or structure, and such other changes in a
nonconforming use or structure as federal, state, or local building and safety codes may require.

C. Nonconforming structures.

(1) Expansions. All new principal and accessory structures, excluding functionally water-dependent
uses, must meet the water body, tributary stream, or wetland setback requirements contained in
§ 335-8.15B(1). A nonconforming structure may be added to or expanded after obtaining a
permit from the same permitting authority as that for a new structure, if such addition or
expansion does not increase the nonconformity of the structure and is in accordance with
Subsection C(1)(a) and (b) below.

(a) Expansion of any portion of a structure within 25 feet of the normal high-water line of a
water body, tributary stream, or upland edge of a wetland is prohibited, even if the
expansion will not increase nonconformity with the water body, tributary stream or
wetland setback requirement. Expansion of an accessory structure that is located closer to
the normal high-water line of a water body, tributary stream, or upland edge of a wetland
than the principal structure is prohibited, even if the expansion will not increase
nonconformity with the water body, tributary stream, or wetland setback requirement.

(b) Notwithstanding Subsection C(1)(a), above, if a legally existing nonconforming principal

structure is entirely located less than 25 feet from the normal high-water line of a water
body, tributary stream, or upland edge of a wetland, that structure may be expanded as
follows, as long as all other applicable municipal land use standards are met and the
expansion is not prohibited by § 335-8.12C(1):

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City of Westbrook, ME

§ 335-8.12 WESTBROOK CODE § 335-8.12

[1] The maximum total footprint for the principal structure may not be expanded to a
size greater than 800 square feet or 30% larger than the footprint that existed on
January 1, 1989, whichever is greater. The maximum height of the principal structure
may not be made greater than 15 feet or the height of the existing structure,
whichever is greater.

(c) All other legally existing nonconforming principal and accessory structures that do not
meet the water body, tributary stream, or wetland setback requirements may be expanded
or altered as follows, as long as other applicable municipal land use standards are met and
the expansion is not prohibited by § 335-8.12C(1) or § 335-8.12C(1)(a) above.

[1] For structures located less than 75 feet from the normal high-water line of a water
body, tributary stream, or upland edge of a wetland, the maximum combined total
footprint for all structures may not be expanded to a size greater than 1,000 square
feet or 30% larger than the footprint that existed on January 1, 1989, whichever is
greater. The maximum height of any structure may not be made greater than 20 feet
or the height of the existing structure, whichever is greater.

[2] For structures located less than 100 feet from the normal high-water line of a great
pond classified as GPA or a river flowing to a great pond classified as GPA, the
maximum combined total footprint for all structures may not be expanded to a size
greater than 1,500 square feet or 30% larger than the footprint that existed on January
1, 1989, whichever is greater. The maximum height of any structure may not be made
greater than 25 feet or the height of the existing structure, whichever is greater. Any
portion of those structures located less than 75 feet from the normal high-water line
of a water body, tributary stream, or upland edge of a wetland must meet the footprint
and height limits in § 335-8.12C(1)(b)[1] and (c)[1] above.

[3] In addition to the limitations in Subsection C(1)(c)[1] and [2], for structures that are
legally nonconforming due to their location within the Resource Protection District
when located at less than 250 feet from the normal high-water line of a water body
or the upland edge of a wetland, the maximum combined total footprint for all
structures may not be expanded to a size greater than 1,500 square feet or 30% larger
than the footprint that existed at the time the Resource Protection District was
established on the lot, whichever is greater. The maximum height of any structure
may not be made greater than 25 feet or the height of the existing structure,
whichever is greater, except that any portion of those structures located less than 75
feet from the normal high-water line of a water body, tributary stream, or upland edge
of a wetland must meet the footprint and height limits in § 335-8.12C(1)(b)[1] and
(c)[1] above.

(d) An approved plan for expansion of a nonconforming structure must be recorded by the
applicant with the Registry of Deeds within 90 days of approval. The recorded plan must
show the existing and proposed footprint of the nonconforming structure, the existing and
proposed structure height, the footprint of any other structures on the parcel, the shoreland
zone boundary and evidence of approval by the municipal review authority.

(2) Foundations. Whenever a new, enlarged, or replacement foundation is constructed under a

nonconforming structure, the structure and new foundation must be placed such that the setback
requirement is met to the greatest practical extent as determined by the Planning Board or its
designee, basing its decision on the criteria specified in § 335-8.12C(3), Relocation, below.

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City of Westbrook, ME

§ 335-8.12 LAND USE § 335-8.12

(3) Relocation. A nonconforming structure may be relocated within the boundaries of the parcel on
which the structure is located, provided that the site of relocation conforms to all setback
requirements to the greatest practical extent as determined by the Planning Board or its
designee, and provided that the applicant demonstrates that the present subsurface sewage
disposal system meets the requirements of state law and the State of Maine Subsurface
Wastewater Disposal Rules (Rules), or that a new system can be installed in compliance with
the law and said Rules. In no case shall a structure be relocated in a manner that causes the
structure to be more nonconforming.

(a) In determining whether the building relocation meets the setback to the greatest practical
extent, the Planning Board or its designee shall consider the size of the lot, the slope of the
land, the potential for soil erosion, the location of other structures on the property and on
adjacent properties, the location of the septic system and other on-site soils suitable for
septic systems, and the type and amount of vegetation to be removed to accomplish the
relocation.

(b) When it is necessary to remove vegetation within the water or wetland setback area in
order to relocate a structure, the Planning Board shall require replanting of native
vegetation to compensate for the destroyed vegetation in accordance with § 335-8.15S. In
addition, the area from which the relocated structure was removed must be replanted with
vegetation. Replanting shall be required as follows:

[1] Trees removed in order to relocate a structure must be replanted with at least one
native tree, three feet in height, for every tree removed. If more than five trees are
planted, no one species of tree shall make up more than 50% of the number of trees
planted. Replaced trees must be planted no further from the water or wetland than the
trees that were removed. Other woody and herbaceous vegetation, and ground cover,
that are removed or destroyed in order to relocate a structure must be reestablished.
An area at least the same size as the area where vegetation and/or ground cover was
disturbed, damaged, or removed must be reestablished within the setback area. The
vegetation and/or ground cover must consist of similar native vegetation and/or
ground cover that was disturbed, destroyed or removed.

[2] Where feasible, when a structure is relocated on a parcel, the original location of the
structure shall be replanted with vegetation which may consist of grasses, shrubs,
trees, or a combination thereof.

(4) Reconstruction or replacement. Any nonconforming structure which is located less than the
required setback from a water body, tributary stream, or wetland and which is removed, or
damaged or destroyed, regardless of the cause, by more than 50% of the market value of the
structure before such damage, destruction or removal, may be reconstructed or replaced,
provided that a permit is obtained within 18 months of the date of said damage, destruction, or
removal, and provided that such reconstruction or replacement is in compliance with the water
body, tributary stream or wetland setback requirement to the greatest practical extent as
determined by the Planning Board or its designee in accordance with the purposes of this article.
In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If
the reconstructed or replacement structure is less than the required setback, it shall not be any
larger than the original structure, except as allowed pursuant to § 335-8.12C(1) above, as
determined by the nonconforming footprint of the reconstructed or replaced structure at its new
location. If the total footprint of the original structure can be relocated or reconstructed beyond
the required setback area, no portion of the relocated or reconstructed structure shall be replaced

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City of Westbrook, ME

§ 335-8.12 WESTBROOK CODE § 335-8.12

or constructed at less than the setback requirement for a new structure. When it is necessary to
remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in
accordance with § 335-8.12C(3) above.

(a) Any nonconforming structure which is located less than the required setback from a water
body, tributary stream, or wetland and which is removed by 50% or less of the market
value, or damaged or destroyed by 50% or less of the market value of the structure,
excluding normal maintenance and repair, may be reconstructed in place if a permit is
obtained from the Code Enforcement Officer within one year of such damage, destruction,
or removal.

(b) In determining whether the building reconstruction or replacement meets the setback to
the greatest practical extent, the Planning Board or its designee shall consider, in addition
to the criteria in § 335-8.12C(3) above, the physical condition and type of foundation
present, if any.

(5) Change of use of a nonconforming structure. The use of a nonconforming structure may not be
changed to another use unless the Planning Board, after receiving a written application,
determines that the new use will have no greater adverse impact on the water body, tributary
stream, or wetland, or on the subject or adjacent properties and resources than the existing use.
In determining that no greater adverse impact will occur, the Planning Board shall require
written documentation from the applicant regarding the probable effects on public health and
safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover,
visual and actual points of public access to waters, natural beauty, floodplain management,
archaeological and historic resources, and commercial fishing and maritime activities, and other
functionally water-dependent uses.

D. Nonconforming uses.

(1) Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming
residential uses may, after obtaining a permit from the Planning Board, be expanded within
existing residential structures or within expansions of such structures as allowed in
§ 335-8.12C(1) above.

(2) Resumption prohibited. A lot, building or structure in or on which a nonconforming use is

discontinued for a period exceeding one year, or which is superseded by a conforming use, may
not again be devoted to a nonconforming use except that the Planning Board may, for good
cause shown by the applicant, grant up to a one-year extension to that time period. This
provision shall not apply to the resumption of a use of a residential structure, provided that the
structure has been used or maintained for residential purposes during the preceding five-year
period.

(3) Change of use. An existing nonconforming use may be changed to another nonconforming use,
provided that the proposed use has no greater adverse impact on the subject and adjacent
properties and resources, including water-dependent uses in the Commercial Fisheries/Maritime
Activities District, than the former use, as determined by the Planning Board. The determination
of no greater adverse impact shall be made according to criteria listed in § 335-8.12C(5) above.

E. Nonconforming lots.

(1) Nonconforming lots. A nonconforming lot of record as of the effective date of this article or
amendment thereto may be built upon, without the need for a variance, provided that such lot is

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City of Westbrook, ME

§ 335-8.12 LAND USE § 335-8.13

in separate ownership and not contiguous with any other lot in the same ownership, and that
all provisions of this article except lot area, lot width and shore frontage can be met. Variances
relating to setback or other requirements not involving lot area, lot width or shore frontage shall
be obtained by action of the Board of Appeals.

(2) Contiguous built lots.

(a) If two or more contiguous lots or parcels are in a single or joint ownership of record at the
time of adoption of this article, if all or part of the lots do not meet the dimensional
requirements of this article, and if a principal use or structure exists on each lot, the
nonconforming lots may be conveyed separately or together, provided that the State
Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A through 4807-D) and the State of Maine
Subsurface Wastewater Disposal Rules are complied with.

(b) If two or more principal uses or structures existed on a single lot of record on the effective
date of this article, each may be sold on a separate lot, provided that the above-referenced
law and rules are complied with. When such lots are divided, each lot thus created must be
as conforming as possible to the dimensional requirements of this article.

(3) Contiguous lots vacant or partially built. If two or more contiguous lots or parcels are in single
or joint ownership of record at the time of or since adoption or amendment of this article, if any
of these lots do not individually meet the dimensional requirements of this article or subsequent
amendments, and if one or more of the lots are vacant or contain no principal structure, the lots
shall be combined to the extent necessary to meet the dimensional requirements. This provision
shall not apply to two or more contiguous lots, at least one of which is nonconforming, owned
by the same person or persons on July 20, 1992, and recorded in the Registry of Deeds if the lot
is served by a public sewer or can accommodate a subsurface sewage disposal system in
conformance with the State of Maine Subsurface Wastewater Disposal Rules and:

(a) Each lot contains at least 100 feet of shore frontage and at least 20,000 square feet of lot
area; or

(b) Any lots that do not meet the frontage and lot size requirements of § 335-8.12E(3)(a) are
reconfigured or combined so that each new lot contains at least 100 feet of shore frontage
and 20,000 square feet of lot area.

§ 335-8.13. Establishment of districts.

A. Resource Protection District. The Resource Protection District includes areas in which development
would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural
values. This district shall include the following areas when they occur within the limits of the
shoreland zone, exclusive of the Stream Protection District, except that areas which are currently
developed and areas which meet the criteria for the Limited Commercial, General Development I, or
Commercial Fisheries/Maritime Activities Districts need not be included within the Resource
Protection District. For areas not included in the RP definitions below, refer to the Zoning Map and
the description of other districts provided in this section.

(1) Floodplains along rivers and floodplains along artificially formed great ponds along rivers,
defined by the 100-year floodplain as designated on the Federal Emergency Management
Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of
record, or, in the absence of these, by soil types identified as recent floodplain soils. This district
shall also include 100-year floodplains adjacent to tidal waters as shown on FEMA's Flood

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City of Westbrook, ME

§ 335-8.13 WESTBROOK CODE § 335-8.13

Insurance Rate Maps or Flood Hazard Boundary Maps.

(2) Areas of two or more contiguous acres with sustained slopes of 20% or greater.

(3) Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which
are not part of a freshwater or coastal wetland as defined, and which are not surficially
connected to a water body during the period of normal high water.

(4) Land areas along rivers subject to severe bank erosion, undercutting, or riverbed movement, and
lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as
steep coastal bluffs.

(5) Lands along the southerly section of Highland Lake, except as depicted on the Zoning Map.

(6) Lands along the southerly section of Mill Brook and around the wetlands associated with Mill
Brook which are in the floodplain, except as depicted on the Zoning Map.

(7) Presumpscot River north of (lots depicted as of the amendment date April 24, 2017):

(a) Shared Lot Boundary Line of Lots 031*000*036 and 031*000*033A.

(b) Shared Lot Boundary Line of Lots 010*000*002 and 037*000*001.

(8) Presumpscot River south of the Industrial Park District, except as depicted on the Zoning Map.

(9) Stroudwater River, except as depicted on the Zoning Map.

B. Limited Residential District. The Limited Residential District includes those areas suitable for
residential and recreational development. It includes areas other than those in the Resource Protection
District, or Stream Protection District, and areas which are used less intensively than those in the
Limited Commercial District, the General Development Districts, or the Commercial Fisheries/
Maritime Activities District.

C. Limited Commercial District. The Limited Commercial District includes areas of mixed, light
commercial and residential uses, exclusive of the Stream Protection District, which should not be
developed as intensively as the General Development Districts. This district includes areas of two or
more contiguous acres in size devoted to a mix of residential and low-intensity business and
commercial uses. Industrial uses are prohibited.

D. General Development I District.

(1) The General Development I District includes the following types of existing, intensively
developed areas:

(a) Areas of two or more contiguous acres devoted to commercial, industrial or intensive
recreational activities, or a mix of such activities, including but not limited to the
following:

[1] Areas devoted to manufacturing, fabricating or other industrial activities;

[2] Areas devoted to wholesaling, warehousing, retail trade and service activities, or
other commercial activities; and

[3] Areas devoted to intensive recreational development and activities, such as, but not
limited to, amusement parks, racetracks and fairgrounds.

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City of Westbrook, ME

§ 335-8.13 LAND USE § 335-8.15

(b) Areas otherwise discernible as having patterns of intensive commercial, industrial or

recreational uses.

(2) Portions of the General Development I District may also include residential development.
However, no area shall be designated as a General Development I or II District based solely on
residential use.

E. General Development II District. The General Development II District includes the same types of
areas as those listed for the General Development I District. The General Development II District,
however, shall be applied to newly established General Development Districts where the pattern of
development at the time of adoption is undeveloped or not as intensively developed as that of the
General Development I District. Portions of the General Development II District may also include
residential development. However, no area shall be designated as a General Development I or II
District based solely on residential use.

F. Commercial Fisheries/Maritime Activities District. The Commercial Fisheries/Maritime Activities

District includes areas where the existing predominant pattern of development is consistent with the
allowed uses for this district as indicated in the Table of land uses in Shoreland Zone, § 335-8.14, and
other areas which are suitable for functionally water-dependent uses, taking into consideration such
factors as:

(1) Shelter from prevailing winds and waves;

(2) Slope of the land within 250 feet, horizontal distance, of the shoreline;

(3) Depth of the water within 150 feet, horizontal distance, of the shoreline;

(4) Available support facilities, including utilities and transportation facilities; and

(5) Compatibility with adjacent upland uses.

G. Stream Protection District. The Stream Protection District includes all land areas within 75 feet,
horizontal distance, of the normal high-water line of a stream, exclusive of those areas within 250
feet, horizontal distance, of the normal high-water line of a great pond, or river, or within 250 feet,
horizontal distance, of the upland edge of a freshwater or coastal wetland. Where a stream and its
associated shoreland area are located within 250 feet, horizontal distance, of the above water bodies
or wetlands, that land area shall be regulated under the terms of the shoreland district associated with
that water body or wetland.

§ 335-8.14. Table of land uses in Shoreland Zone.34

All land use activities, as indicated in Table 2, Land Uses in the Shoreland Zone, shall conform with all
of the applicable land use standards in § 335-8.15. The district designation for a particular site shall be
determined from the Official Shoreland Zoning Map.

§ 335-8.15. Land use standards.

All land use activities within the Shoreland Zone shall conform with the following provisions, if applicable.
*The area and frontage standards of the underlying district shall apply, except as otherwise stated below.

A. Minimum lot standards.

34. Editor's Note: Table 2, Land Uses in the Shoreland Zone, is included as an attachment to this chapter.

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City of Westbrook, ME

§ 335-8.15 WESTBROOK CODE § 335-8.15

Minimum Shore
Minimum Lot Area Frontage
(square feet) (feet)
Residential per dwelling unit
Within the Shoreland 40,000 200
Zone
In GD Districts (on * *
water and sewer)
Specified GD open * 300
space/park parcels
listed below1
Governmental, institutional, commercial or
industrial per principal structure
Within the Shoreland 60,000 300
Zone
In GD Districts (on * *
water and sewer)
Specified GD open 60,000 300
space/park parcels
listed below1
Public and private recreational facilities
Within the Shoreland 40,000 200
Zone adjacent to tidal
and nontidal areas
In GD Districts (on * *
water and sewer)

NOTES:
1 Specified GD open space/park parcels. Parcels
not served by public water and sewer are open
space areas in existence at the time of this article
and further specified by their map and lot
numbers, as follows: 032*000*014 (Sacarrappa
Park), 033*000*145 (ball fields), 033*000*148
(Riverwalk), 033*000*157 (Riverwalk),
033*000*192 (Riverbank Park), 033*000*194
(Riverwalk), 039*000*004 (ball fields),
040*000*197 (ball fields).

(1) Land below the normal high-water line of a water body or upland edge of a wetland and land
beneath roads serving more than two lots shall not be included toward calculating minimum lot
area.

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City of Westbrook, ME

§ 335-8.15 LAND USE § 335-8.15

(2) Lots located on opposite sides of a public or private road shall be considered each a separate
tract or parcel of land unless such road was established by the owner of land on both sides
thereof after September 22, 1971.

(3) The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal
high-water line of a water body or upland edge of a wetland shall be equal to or greater than the
shore frontage requirement for a lot with the proposed use.

(4) If more than one residential dwelling unit, principal governmental, institutional, commercial or
industrial structure or use, or combination thereof, is constructed or established on a single
parcel, all dimensional requirements shall be met for each additional dwelling unit, principal
structure, or use, except as provided in the above table in the General Development District.

B. Principal and accessory structures.

(1) All new principal and accessory structures shall be set back at least 100 feet, horizontal distance,
from the normal high-water line of great ponds classified GPA and rivers that flow to great
ponds classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other
water bodies, tributary streams, or the upland edge of a wetland, except that in the General
Development I District, the setback from the normal high-water line shall be at least 25 feet,
horizontal distance, and in the Commercial Fisheries/Maritime Activities District, there shall be
no minimum setback. In the Resource Protection District, the setback requirement shall be 250
feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects
specifically allowed in that district, in which case the setback requirements specified above shall
apply. In addition:

(a) The water body, tributary stream, or wetland setback provision shall neither apply to
structures which require direct access to the water body or wetland as an operational
necessity, such as piers, docks and retaining walls, nor to other functionally water-
dependent uses.

(b) On a nonconforming lot of record on which only a residential structure exists, and it is not
possible to place an accessory structure meeting the required water body, tributary stream
or wetland setbacks, the Code Enforcement Officer may issue a permit to place a single
accessory structure, with no utilities, for the storage of yard tools and similar equipment.
Such accessory structure shall not exceed 80 square feet in area nor eight feet in height,
and shall be located as far from the shoreline or tributary stream as practical and shall meet
all other applicable standards, including lot coverage and vegetation clearing limitations.
In no case shall the structure be located closer to the shoreline or tributary stream than the
principal structure.

(2) Principal or accessory structures and expansions of existing structures which are permitted in
the Resource Protection, Limited Residential, Limited Commercial, and Stream Protection
Districts shall not exceed 35 feet in height. This provision shall not apply to structures such as
transmission towers, windmills, antennas, and similar structures having no floor area, such as
cupolas, domes, or widow's walks, as stated below:

(a) The legally existing conforming structure is not located in a Resource Protection District
or a Stream Protection District as defined in guidelines adopted by the Board; and

(b) The cupola, dome, widow's walk or other similar feature:

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City of Westbrook, ME

§ 335-8.15 WESTBROOK CODE § 335-8.15

[1] Does not extend beyond the exterior walls of the existing structure;

[2] Has a floor area of 53 square feet or less; and

[3] Does not increase the height of the existing structure by more than seven feet, as
defined in the article.

(c) For purposes of this subsection, "cupola, dome, widow's walk or other similar feature"
means a nonhabitable building feature mounted on a building roof for observation
purposes.

(3) The lowest floor elevation or openings of all buildings and structures, including basements, shall
be elevated at least one foot above the elevation of the 100-year flood, the flood of record, or,
in the absence of these, the flood as defined by soil types identified as recent floodplain soils. In
those municipalities that participate in the National Flood Insurance Program and have adopted
the April 2005 version, or later version, of the Floodplain Management Ordinance, accessory
structures may be placed in accordance with the standards of that ordinance and need not meet
the elevation requirements of this subsection.

(4) With the exception of General Development Districts located adjacent to rivers that do not flow
to great ponds, nonvegetated surfaces shall not exceed a total of 20% of the portion of the lot
located within the shoreland zone. This limitation does not apply to public boat-launching
facilities regardless of the district in which the facility is located.

(a) In a General Development District located adjacent to rivers that do not flow to great
ponds, nonvegetated surfaces shall not exceed a total of 70% of the portion of the lot
located within the shoreland zone.

(b) For the purposes of calculating lot coverage, nonvegetated surfaces include but are not
limited to the following: structures, driveways, parking areas, and other areas from which
vegetation has been removed. Naturally occurring ledge and rock outcroppings are not
counted as nonvegetated surfaces when calculating lot coverage for lots of record on
March 24, 1990, and in continuous existence since that date.

(5) Retaining walls that are not necessary for erosion control shall meet the structure setback
requirement, except for low retaining walls and associated fill, provided that all of the following
conditions are met:

(a) The site has been previously altered and an effective vegetated buffer does not exist;

(b) The wall(s) is (are) at least 25 feet, horizontal distance, from the normal high-water line of
a water body, tributary stream, or upland edge of a wetland;

(c) The site where the retaining wall will be constructed is legally existing lawn or is a site
eroding from lack of naturally occurring vegetation, and which cannot be stabilized with
vegetative plantings;

(d) The total height of the wall(s), in the aggregate, is no more than 24 inches;

(e) Retaining walls are located outside of the 100-year floodplain on rivers, streams, coastal
wetlands, and tributary streams, as designated on the Federal Emergency Management
Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the
flood of record, or, in the absence of these, by soil types identified as recent floodplain

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City of Westbrook, ME

§ 335-8.15 LAND USE § 335-8.15

soils;

(f) The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof,
and no further structural development will occur within the setback area, including patios
and decks; and

(g) A vegetated buffer area is established within 25 feet, horizontal distance, of the normal
high-water line of a water body, tributary stream, or upland edge of a wetland when a
natural buffer area does not exist. The buffer area must meet the following characteristics:

[1] The buffer must include shrubs and other woody and herbaceous vegetation. Where
natural ground cover is lacking, the area must be supplemented with leaf or bark
mulch;

[2] Vegetation plantings must be in quantities sufficient to retard erosion and provide for
effective infiltration of stormwater runoff;

[3] Only native species may be used to establish the buffer area;

[4] A minimum buffer width of 15 feet, horizontal distance, is required, measured

perpendicularly to the normal high-water line or upland edge of a wetland;

[5] A footpath not to exceed the standards in § 335-8.15P(2)(a) may traverse the buffer.

(6) Notwithstanding the requirements stated above, stairways or similar structures may be allowed,
with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep
slopes or unstable soils, provided that the structure is limited to a maximum of four feet in width;
that the structure does not extend below or over the normal high-water line of a water body or
upland edge of a wetland (unless permitted by the Department of Environmental Protection
pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and that the applicant
demonstrates that no reasonable access alternative exists on the property.

C. Piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-
water line of a water body or within a wetland, and shoreline stabilization.

(1) No more than one pier, dock, wharf or similar structure extending or located below the normal
high-water line of a water body or within a wetland is allowed on a single lot, except that when
a single lot contains at least twice the minimum shore frontage as specified in § 335-8.15A, a
second structure may be allowed and may remain as long as the lot is not further divided.

(2) Access from shore shall be developed on soils appropriate for such use and constructed so as to
control erosion.

(3) The location shall not interfere with existing developed or natural beach areas.

(4) The facility shall be located so as to minimize adverse effects on fisheries.

(5) The facility shall be no larger in dimension than necessary to carry on the activity and be
consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf
in nontidal waters shall not be wider than six feet for noncommercial uses.

(6) No new structure shall be built on, over or abutting a pier, wharf, dock or other structure
extending beyond the normal high-water line of a water body or within a wetland unless the
structure requires direct access to the water body or wetland as an operational necessity.

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City of Westbrook, ME

§ 335-8.15 WESTBROOK CODE § 335-8.15

(7) New permanent piers and docks on nontidal waters shall not be permitted unless it is clearly
demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit
has been obtained from the Department of Environmental Protection, pursuant to the Natural
Resources Protection Act.35

(8) No existing structures built on, over or abutting a pier, dock, wharf or other structure extending
beyond the normal high-water line of a water body or within a wetland shall be converted to
residential dwelling units in any district.

(9) Except in the General Development Districts and Commercial Fisheries/Maritime Activities
District, structures built on, over or abutting a pier, wharf, dock or other structure extending
beyond the normal high-water line of a water body or within a wetland shall not exceed 20 feet
in height above the pier, wharf, dock or other structure.

(10) Vegetation may be removed in excess of the standards in § 335-8.15P of this article in order to
conduct shoreline stabilization of an eroding shoreline, provided that a permit is obtained from
the Planning Board. Construction equipment must access the shoreline by barge when feasible
as determined by the Planning Board.

(a) When necessary, the removal of trees and other vegetation to allow for construction
equipment access to the stabilization site via land must be limited to no more than 12 feet
in width. When the stabilization project is complete, the construction equipment
accessway must be restored.

(b) Revegetation must occur in accordance with § 335-8.15S.

(11) A deck over a river may be exempted from the shoreland setback requirements if it is part of a
downtown revitalization project that is defined in a project plan approved by the legislative body
of the municipality, and may include the revitalization of structures formerly used as mills that
do not meet the structure setback requirements, if the deck meets the following requirements:

(a) The total deck area attached to the structure does not exceed 700 square feet;

(b) The deck is cantilevered over a segment of a river that is located within the boundaries of
the downtown revitalization project;

(c) The deck is attached to or accessory to an allowed commercial use in a structure that was
constructed prior to 1971 and is located within the downtown revitalization project;

(d) The construction of the deck complies with all other applicable standards, except the
shoreline setback requirements in § 335-8.15B; and

(e) The construction of the deck complies with all other state and federal laws.

D. Campgrounds. Campgrounds shall conform to the minimum requirements imposed under state
licensing procedures and the following:

(1) Campgrounds shall contain a minimum of 5,000 square feet of land, not including roads and
driveways, for each site. Land supporting wetland vegetation, and land below the normal high-
water line of a water body shall not be included in calculating land area per site.

(2) The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service

35. Editor's Note: See 38 M.R.S.A. § 480-A et seq.

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City of Westbrook, ME

§ 335-8.15 LAND USE § 335-8.15

buildings shall be set back a minimum of 100 feet, horizontal distance, from the normal high-
water line of a great pond classified GPA or a river flowing to a great pond classified GPA,
and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary
streams, or the upland edge of a wetland.

E. Individual private campsites. Individual private campsites not associated with campgrounds are
allowed, provided the following conditions are met:

(1) One campsite per lot existing on the effective date of this article, or 30,000 square feet of lot
area within the shoreland zone, whichever is less, may be permitted.

(2) When an individual private campsite is proposed on a lot that contains another principal use
and/or structure, the lot must contain the minimum lot dimensional requirements for the
principal structure and/or use and the individual private campsite separately.

(3) Campsite placement on any lot, including the area intended for a recreational vehicle or tent
platform, shall be set back 100 feet, horizontal distance, from the normal high-water line of a
great pond classified GPA or river flowing to a great pond classified GPA, and 75 feet,
horizontal distance, from the normal high-water line of other water bodies, tributary streams, or
the upland edge of a wetland.

(4) Only one recreational vehicle shall be allowed on a campsite. The recreational vehicle shall not
be located on any type of permanent foundation except for a gravel pad, and no structure except
a canopy shall be attached to the recreational vehicle.

(5) The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a
Resource Protection District shall be limited to 1,000 square feet.

(6) A written sewage disposal plan describing the proposed method and location of sewage disposal
shall be required for each campsite and shall be approved by the local Plumbing Inspector.
Where disposal is off site, written authorization from the receiving facility or landowner is
required.

(7) When a recreational vehicle, tent or similar shelter is placed on site for more than 120 days per
year, all requirements for residential structures shall be met, including the installation of a
subsurface sewage disposal system in compliance with the State of Maine Subsurface
Wastewater Disposal Rules unless served by public sewage facilities.

F. Commercial and industrial uses. The following new commercial and industrial uses are prohibited
within the shoreland zone adjacent to great ponds classified GPA, and rivers and streams which flow
to great ponds classified GPA:

(1) Auto washing facilities.

(2) Auto or other vehicle service and/or repair operations, including body shops.

(3) Chemical and bacteriological laboratories.

(4) Storage of chemicals, including herbicides, pesticides or fertilizers, other than amounts
normally associated with individual households or farms.

(5) Commercial painting, wood preserving, and furniture stripping.

(6) Dry-cleaning establishments.

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City of Westbrook, ME

§ 335-8.15 WESTBROOK CODE § 335-8.15

(7) Electronic circuit assembly.

(8) Laundromats, unless connected to a sanitary sewer.

(9) Metal plating, finishing, or polishing.

(10) Petroleum or petroleum product storage and/or sale except storage on same property as use
occurs and except for storage and sales associated with marinas.

(11) Photographic processing.

(12) Printing.

G. Parking areas.

(1) Parking areas shall meet the shoreline and tributary stream setback requirements for structures
for the district in which such areas are located, except that in the Commercial Fisheries/
Maritime Activities District, parking areas shall be set back at least 25 feet, horizontal distance,
from the shoreline. The setback requirement for parking areas serving public boat-launching
facilities in districts other than the General Development I District and Commercial Fisheries/
Maritime Activities District shall be no less than 50 feet, horizontal distance, from the shoreline
or tributary stream if the Planning Board finds that no other reasonable alternative exists further
from the shoreline or tributary stream.

(2) Parking areas shall be adequately sized for the proposed use and shall be designed to prevent
stormwater runoff from flowing directly into a water body, tributary stream or wetland and,
where feasible, to retain all runoff on site.

(3) In determining the appropriate size of proposed parking facilities, the following shall apply: See
§ 335-13.6 of the Westbrook Land Use Ordinance.

H. Roads and driveways. The following standards shall apply to the construction of roads and/or
driveways and drainage systems, culverts and other related features:

(1) Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal
high-water line of a great pond classified GPA or a river that flows to a great pond classified
GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies,
tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as
determined by the Planning Board. If no other reasonable alternative exists, the road and/or
driveway setback requirement shall be no less than 50 feet, horizontal distance, upon clear
showing by the applicant that appropriate techniques will be used to prevent sedimentation of
the water body, tributary stream, or wetland. Such techniques may include, but are not limited
to, the installation of settling basins, and/or the effective use of additional ditch relief culverts
and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland.

(a) On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10
feet, horizontal distance, for each 5% increase in slope above 20%.

(b) Section 335-8.15H(1) does not apply to approaches to water crossings or to roads or
driveways that provide access to permitted structures and facilities located nearer to the
shoreline or tributary stream due to an operational necessity, excluding temporary docks
for recreational uses. Roads and driveways providing access to permitted structures within
the setback area shall comply fully with the requirements of § 335-8.15H(1) except for that

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City of Westbrook, ME

§ 335-8.15 LAND USE § 335-8.15

portion of the road or driveway necessary for direct access to the structure.

(2) Existing public roads may be expanded within the legal road right-of-way regardless of their
setback from a water body, tributary stream or wetland.

(3) New permanent roads are not allowed within the shoreland zone along significant river
segments except:

(a) To provide access to structures or facilities within the zone; or

(b) When the applicant demonstrates that no reasonable alternative route exists outside the
shoreland zone. When roads must be located within the shoreland zone, they shall be set
back as far as practicable from the normal high-water line and screened from the river by
existing vegetation.

(4) New roads and driveways are prohibited in a Resource Protection District except that the
Planning Board may grant a permit to construct a road or driveway to provide access to
permitted uses within the district. A road or driveway may also be approved by the Planning
Board in a Resource Protection District upon a finding that no reasonable alternative route or
location is available outside the district. When a road or driveway is permitted in a Resource
Protection District, the road and/or driveway shall be set back as far as practicable from the
normal high-water line of a water body, tributary stream, or upland edge of a wetland.

(5) Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical, and
shall be graded and stabilized in accordance with the provisions for erosion and sedimentation
control contained in § 335-8.15T.

(6) Road grades shall meet the design standards of § 335-13.3. Driveway grades shall be no greater
than 10% except for segments of less than 200 feet.

(7) In order to prevent road and driveway surface drainage from directly entering water bodies,
tributary streams or wetlands, roads and driveways shall be designed, constructed, and
maintained to empty onto an unscarified buffer strip at least 50 feet plus two times the average
slope in width between the outflow point of the ditch or culvert and the normal high-water line
of a water body, tributary stream, or upland edge of a wetland. Surface drainage which is
directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of
the runoff and to minimize channelized flow of the drainage through the buffer strip.

(8) Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a
manner effective in directing drainage onto unscarified buffer strips before the flow gains
sufficient volume or head to erode the road, driveway, or ditch. To accomplish this, the
following shall apply:

(a) Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the
road or driveway at intervals no greater than indicated in the following table:

Spacing
Grade (feet)
0% to 2% 250
3% to 5% 200 to 135
6% to 10% 100 to 80

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City of Westbrook, ME

§ 335-8.15 WESTBROOK CODE § 335-8.15

Spacing
Grade (feet)
11% to 15% 80 to 60
16% to 20% 60 to 45
21% + 40

(b) Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or
less.

(c) On sections having slopes greater than 10%, ditch relief culverts shall be placed at
approximately a thirty-degree angle downslope from a line perpendicular to the center line
of the road or driveway.

(d) Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for
effective functioning, and their inlet and outlet ends shall be stabilized with appropriate
materials.

(9) Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations
associated with roads and driveways shall be maintained on a regular basis to assure effective
functioning.

I. Signs. Refer to Article X of this chapter for sign regulations based upon the underlying zoning
district.

J. Stormwater runoff.

(1) All new construction and development shall be designed to minimize stormwater runoff from
the site in excess of the natural predevelopment conditions. Where possible, existing natural
runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in
order to reduce runoff and encourage infiltration of stormwaters.

(2) Stormwater runoff control systems shall be maintained as necessary to ensure proper
functioning.

K. Septic waste disposal. All subsurface sewage disposal systems shall be installed in conformance with
the State of Maine Subsurface Wastewater Disposal Rules and the following:

(1) Clearing or removal of woody vegetation necessary to site a new system and any associated fill
extensions shall not extend closer than 75 feet, horizontal distance, from the normal high-water
line of a water body or the upland edge of a wetland; and

(2) A holding tank is not allowed for a first-time residential use in the shoreland zone.

L. Essential services.

(1) Where feasible, the installation of essential services shall be limited to existing public ways and
existing service corridors.

(2) The installation of essential services, other than roadside distribution lines, is not allowed in a
Resource Protection or Stream Protection District, except to provide services to a permitted use
within said district, or except where the applicant demonstrates that no reasonable alternative
exists. Where allowed, such structures and facilities shall be located so as to minimize any

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City of Westbrook, ME

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adverse impacts on surrounding uses and resources, including visual impacts.

(3) Damaged or destroyed public utility transmission and distribution lines, towers and related
equipment may be replaced or reconstructed without a permit.

M. Mineral exploration and extraction. Mineral exploration to determine the nature or extent of mineral
resources shall be accomplished by hand sampling, test boring, or other methods which create
minimal disturbance of less than 100 square feet of ground surface. A permit from the Code
Enforcement Officer shall be required for mineral exploration which exceeds the above limitation.
All excavations, including test pits and holes, shall be immediately capped, filled or secured by other
equally effective measures to restore disturbed areas and to protect the public health and safety.
Mineral extraction may be permitted under the following conditions:

(1) A reclamation plan shall be filed with and approved by the Planning Board before a permit is
granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements
of Subsection M(4) below.

(2) No part of any extraction operation, including drainage and runoff control features, shall be
permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond
classified GPA or a river flowing to a great pond classified GPA, and within 75 feet, horizontal
distance, of the normal high-water line of any other water body, tributary stream, or the upland
edge of a wetland. Extraction operations shall not be permitted within 75 feet, horizontal
distance, of any property line without written permission of the owner of such adjacent property.

(3) Developers of new gravel pits along significant river segments shall demonstrate that no
reasonable mining site outside the shoreland zone exists. When gravel pits must be located
within the zone, they shall be set back as far as practicable from the normal high-water line and
no less than 75 feet and screened from the river by existing vegetation.

(4) Within 12 months following the completion of extraction operations at any extraction site,
which operations shall be deemed complete when less than 100 cubic yards of materials are
removed in any consecutive twelve-month period, ground levels and grades shall be established
in accordance with the following:

(a) All debris, stumps, and similar material shall be removed for disposal in an approved
location, or shall be buried on site. Only materials generated on site may be buried or
covered on site.

(b) The final graded slope shall be 2 1/2:1 slope or flatter.

(c) Topsoil or loam shall be retained to cover all disturbed land areas, which shall be reseeded
and stabilized with vegetation native to the area. Additional topsoil or loam shall be
obtained from off-site sources if necessary to complete the stabilization project.

(5) In keeping with the purposes of this article, the Planning Board may impose such conditions as
are necessary to minimize the adverse impacts associated with mineral extraction operations on
surrounding uses and resources.

N. Agriculture.

(1) All spreading of manure shall be accomplished in conformance with the Manure Utilization
Guidelines published by the former Maine Department of Agriculture on November 1, 2001,
and the Nutrient Management Law (7 M.R.S.A. §§ 4201 to 4209).

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City of Westbrook, ME

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(2) Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a great pond
classified GPA or a river flowing to a great pond classified GPA, or within 75 feet, horizontal
distance, of other water bodies, tributary streams, or wetlands. All manure storage areas within
the shoreland zone must be constructed or modified such that the facility produces no discharge
of effluent or contaminated stormwater.

(3) Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area
within the shoreland zone shall require a Conservation Plan to be filed with the Planning Board.
Nonconformance with the provisions of said plan shall be considered to be a violation of this
article.

(4) There shall be no new tilling of soil within 100 feet, horizontal distance, of the normal high-
water line of a great pond classified GPA; within 75 feet, horizontal distance, from other water
bodies and coastal wetlands; nor within 25 feet, horizontal distance, of tributary streams and
freshwater wetlands. Operations in existence on the effective date of this article and not in
conformance with this provision may be maintained.

(5) Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal
distance, of the normal high-water line of a great pond classified GPA; within 75 feet, horizontal
distance, of other water bodies and coastal wetlands; nor within 25 feet, horizontal distance, of
tributary streams and freshwater wetlands. Livestock grazing associated with ongoing farm
activities and which are not in conformance with the above setback provisions may continue,
provided that such grazing is conducted in accordance with a conservation plan.

O. (Reserved)

P. Clearing or removal of vegetation for activities other than timber harvesting.

(1) In a Resource Protection District abutting a great pond, there shall be no cutting of vegetation
within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water
line, except to remove hazard trees as described in § 335-8.15Q. Elsewhere, in any Resource
Protection District, the cutting or removal of vegetation shall be limited to that which is
necessary for uses expressly authorized in that district.

(2) Except in areas as described in Subsection P(1) above, within a strip of land extending 100 feet,
horizontal distance, inland from the normal high-water line of a great pond classified GPA or a
river flowing to a great pond classified GPA, or within a strip extending 75 feet, horizontal
distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer
strip of vegetation shall be preserved as follows:

(a) There shall be no cleared opening greater than 250 square feet in the forest canopy (or
other existing woody vegetation if a forested canopy is not present) as measured from the
outer limits of the tree or shrub crown. However, a single footpath not to exceed six feet
in width as measured between tree trunks and/or shrub stems is allowed for accessing the
shoreline, provided that a cleared line of sight to the water through the buffer strip is not
created.

(b) Selective cutting of trees within the buffer strip is allowed provided that a well-distributed
stand of trees and other natural vegetation is maintained. For the purposes of this
subsection, a "well-distributed stand of trees" adjacent to a great pond classified GPA or a
river or stream flowing to a great pond classified GPA shall be defined as maintaining a
rating score of 24 or more in each twenty-five-foot by fifty-foot rectangular (1,250 square

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City of Westbrook, ME

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feet) area as determined by the following rating system.

Diameter of Tree at 4 1/2 feet Above

Ground Level
(inches) Points
2 to < 4 1
4 to < 8 2
8 to < 12 4
12 or greater 8

[1] Adjacent to other water bodies, tributary streams, and wetlands, a "well-distributed
stand of trees" is defined as maintaining a minimum rating score of 16 per twenty-
five-foot by fifty-foot rectangular area.

[2] The following shall govern in applying this point system:

[a] The twenty-five-foot by fifty-foot rectangular plots must be established where

the landowner or lessee proposes clearing within the required buffer;

[b] Each successive plot must be adjacent to, but not overlap, a previous plot;

[c] Any plot not containing the required points must have no vegetation removed
except as otherwise allowed by this article;

[d] Any plot containing the required points may have vegetation removed down to
the minimum points required or as otherwise allowed by this article;

[e] Where conditions permit, no more than 50% of the points on any twenty-five-
foot by fifty-foot rectangular area may consist of trees greater than 12 inches in
diameter.

[3] For the purposes of this Subsection P(2)(b), "other natural vegetation" is defined as
retaining existing vegetation under three feet in height and other ground cover and
retaining at least five saplings less than two inches in diameter at 4 1/2 feet above
ground level for each twenty-five-foot by fifty-foot rectangular area. If five saplings
do not exist, no woody stems less than two inches in diameter can be removed until
five saplings have been recruited into the plot.

[4] Notwithstanding the above provisions, no more than 40% of the total volume of trees
four inches or more in diameter, measured at 4 1/2 feet above ground level, may be
removed in any ten-year period.

(c) In order to protect water quality and wildlife habitat, existing vegetation under three feet
in height and other ground cover, including leaf litter and the forest duff layer, shall not be
cut, covered, or removed, except to provide for a footpath or other permitted uses as
described in Subsection P(2) and (2)(a) above.

(d) Pruning of tree branches on the bottom 1/3 of the tree is allowed.

(e) In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, dead
or hazard trees results in the creation of cleared openings, these openings shall be replanted

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City of Westbrook, ME

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with native tree species in accordance with § 335-8.15Q below, unless existing new tree
growth is present.

(f) In order to maintain the vegetation in the shoreline buffer, clearing or removal of
vegetation for allowed activities, including associated construction and related equipment
operation, within or outside the shoreline buffer, must comply with the requirements of
§ 335-8.15P(2).

(3) At distances greater than 100 feet, horizontal distance, from a great pond classified GPA or a
river flowing to a great pond classified GPA, and 75 feet, horizontal distance, from the normal
high-water line of any other water body, tributary stream, or the upland edge of a wetland, there
shall be allowed on any lot, in any ten-year period, selective cutting of not more than 40% of
the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level.
Tree removal in conjunction with the development of permitted uses shall be included in the
40% calculation. For the purposes of these standards, volume may be considered to be
equivalent to basal area. In no event shall cleared openings for any purpose, including but not
limited to principal and accessory structures, driveways, lawns and sewage disposal areas,
exceed in the aggregate 25% of the lot area within the shoreland zone or 10,000 square feet,
whichever is greater, including land previously cleared. This provision applies to the portion of
a lot within the shoreland zone, including the buffer area, but shall not apply to the General
Development or Commercial Fisheries/Maritime Activities District.

(4) Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged,
except as allowed by this article.

(5) Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody
vegetation shall be regulated under the provisions of § 335-8.15P.

Q. Hazard trees, storm-damaged trees, and dead tree removal.

(1) Hazard trees in the shoreland zone may be removed without a permit after consultation with the
Code Enforcement Officer if the following requirements are met:

(a) Within the shoreline buffer, if the removal of a hazard tree results in a cleared opening in
the tree canopy greater than 250 square feet, replacement with native tree species is
required, unless there is new tree growth already present. New tree growth must be as near
as practicable to where the hazard tree was removed and be at least two inches in diameter,
measured at 4.5 feet above the ground level. If new growth is not present, then replacement
trees shall consist of native species and be at least four feet in height, and be no less than
two inches in diameter. Stumps may not be removed.

(b) Outside of the shoreline buffer, when the removal of hazard trees exceeds 40% of the
volume of trees four inches or more in diameter, measured at 4.5 feet above ground level
in any ten-year period, and/or results in cleared openings exceeding 25% of the lot area
within the shoreland zone, or 10,000 square feet, whichever is greater, replacement with
native tree species is required, unless there is new tree growth already present. New tree
growth must be as near as practicable to where the hazard tree was removed and be at least
two inches in diameter, measured at 4.5 feet above the ground level. If new growth is not
present, then replacement trees shall consist of native species and be at least two inches in
diameter, measured at 4.5 feet above the ground level.

(c) The removal of standing dead trees, resulting from natural causes, is permissible without

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City of Westbrook, ME

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the need for replanting or a permit, as long as the removal does not result in the creation
of new lawn areas, or other permanently cleared areas, and stumps are not removed. For
the purposes of this provision, dead trees are those trees that contain no foliage during the
growing season.

(d) The Code Enforcement Officer may require the property owner to submit an evaluation
from a licensed forester or arborist before any hazard tree can be removed within the
shoreland zone.

(e) The Code Enforcement Officer may require more than a one-for-one replacement for
hazard trees removed that exceed eight inches in diameter measured at 4.5 feet above the
ground level.

(2) Storm-damaged trees in the shoreland zone may be removed without a permit after consultation
with the Code Enforcement Officer if the following requirements are met:

(a) Within the shoreline buffer, when the removal of storm-damaged trees results in a cleared
opening in the tree canopy greater than 250 square feet, replanting is not required, but the
area shall be required to naturally revegetate, and the following requirements must be met:

[1] The area from which a storm-damaged tree is removed does not result in new lawn
areas, or other permanently cleared areas;

[2] Stumps from the storm-damaged trees may not be removed;

[3] Limbs damaged from a storm event may be pruned even if they extend beyond the
bottom 1/3 of the tree; and

[4] If, after one growing season, no natural regeneration or regrowth is present,
replanting of native tree seedlings or saplings is required at a density of one seedling
per every 80 square feet of lost canopy.

(b) Outside of the shoreline buffer, if the removal of storm damaged trees exceeds 40% of the
volume of trees four inches or more in diameter, measured at 4.5 feet above the ground
level in any ten-year period, or results, in the aggregate, in cleared openings exceeding
25% of the lot area within the shoreland zone or 10,000 square feet, whichever is greater,
and no natural regeneration occurs within one growing season, then native tree seedlings
or saplings shall be replanted on a one-for-one basis.

R. Exemptions to clearing and vegetation removal requirements. The following activities are exempt
from the clearing and vegetation removal standards set forth in § 335-8.15P, provided that all other
applicable requirements of this chapter are complied with, and the removal of vegetation is limited to
that which is necessary:

(1) The removal of vegetation that occurs at least once every two years for the maintenance of
legally existing areas that do not comply with the vegetation standards in this chapter, such as
but not limited to cleared openings in the canopy or fields. Such areas shall not be enlarged,
except as allowed by this section. If any of these areas, due to lack of removal of vegetation
every two years, revert back to primarily woody vegetation, the requirements of § 335-8.15P
apply;

(2) The removal of vegetation from the location of allowed structures or allowed uses, when the
shoreline setback requirements of § 335-8.15B are not applicable;

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City of Westbrook, ME

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(3) The removal of vegetation from the location of public swimming areas associated with an
allowed public recreational facility;

(4) The removal of vegetation associated with allowed agricultural uses, provided best management
practices are utilized, and provided all requirements of § 335-8.15N are complied with;

(5) The removal of vegetation associated with brownfields or voluntary response action program
(VRAP) projects, provided that the removal of vegetation is necessary for remediation activities
to clean up contamination on a site in a General Development District, Commercial Fisheries
and Maritime Activities District or other equivalent zoning district approved by the
Commissioner of Environmental Protection that is part of a state or federal brownfields program
or a voluntary response action program pursuant 38 M.R.S.A § 343-E, and that is located along:

(a) A coastal wetland; or

(b) A river that does not flow to a great pond classified as GPA pursuant to 38 M.R.S.A
§ 465-A.

(6) The removal of nonnative invasive vegetation species, provided the following minimum
requirements are met:

(a) If removal of vegetation occurs via wheeled or tracked motorized equipment, the wheeled
or tracked motorized equipment is operated and stored at least 25 feet, horizontal distance,
from the shoreline, except that wheeled or tracked equipment may be operated or stored
on existing structural surfaces, such as pavement or gravel;

(b) Removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via
hand tools; and

(c) If applicable clearing and vegetation removal standards are exceeded due to the removal
of nonnative invasive species vegetation, the area shall be revegetated with native species
to achieve compliance.

(7) The removal of vegetation associated with emergency response activities conducted by the
Department of Environmental Protection, the U.S. Environmental Protection Agency, the U.S.
Coast Guard, and their agents.

S. Revegetation requirements. When revegetation is required in response to violations of the vegetation

standards set forth in § 335-8.15P, to address the removal of nonnative invasive species of vegetation,
or as a mechanism to allow for development that may otherwise not be permissible due to the
vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization
project, the revegetation must comply with the following requirements:

(1) The property owner must submit a revegetation plan, prepared with and signed by a qualified
professional, that describes revegetation activities and maintenance. The plan must include a
scaled site plan, depicting where vegetation was or is to be removed, where existing vegetation
is to remain, and where vegetation is to be planted, including a list of all vegetation to be
planted.

(2) Revegetation must occur along the same segment of shoreline and in the same area where
vegetation was removed and at a density comparable to the preexisting vegetation, except where
a shoreline stabilization activity does not allow revegetation to occur in the same area and at a
density comparable to the preexisting vegetation, in which case revegetation must occur along

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City of Westbrook, ME

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the same segment of shoreline and as close as possible to the area where vegetation was
removed.

(3) If part of a permitted activity, revegetation shall occur before the expiration of the permit. If the
activity or revegetation is not completed before the expiration of the permit, a new revegetation
plan shall be submitted with any renewal or new permit application.

(4) Revegetation activities must meet the following requirements for trees and saplings:

(a) All trees and saplings removed must be replaced with native noninvasive species;

(b) Replacement vegetation must at a minimum consist of saplings;

(c) If more than three trees or saplings are planted, then at least three different species shall be
used;

(d) No one species shall make up 50% or more of the number of trees and saplings planted;

(e) If revegetation is required for a shoreline stabilization project, and it is not possible to plant
trees and saplings in the same area where trees or saplings were removed, then trees or
saplings must be planted in a location that effectively reestablishes the screening between
the shoreline and structures; and

(f) A survival rate of at least 80% of planted trees or saplings is required for a minimum five-
year period.

(5) Revegetation activities must meet the following requirements for woody vegetation and other
vegetation under three feet in height:

(a) All woody vegetation and vegetation under three feet in height must be replaced with
native noninvasive species of woody vegetation and vegetation under three feet in height,
as applicable;

(b) Woody vegetation and vegetation under three feet in height shall be planted in quantities
and variety sufficient to prevent erosion and provide for effective infiltration of
stormwater;

(c) If more than three woody vegetation plants are to be planted, then at least three different
species shall be planted;

(d) No one species shall make up 50% or more of the number of planted woody vegetation
plants; and

(e) Survival of planted woody vegetation and vegetation under three feet in height must be
sufficient to remain in compliance with the standards contained within this chapter for
minimum of five years.

(6) Revegetation activities must meet the following requirements for ground vegetation and ground
cover:

(a) All ground vegetation and ground cover removed must be replaced with native herbaceous
vegetation, in quantities and variety sufficient to prevent erosion and provide for effective
infiltration of stormwater;

(b) Where necessary due to a lack of sufficient ground cover, an area must be supplemented

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City of Westbrook, ME

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with a minimum four-inch depth of leaf mulch and/or bark mulch to prevent erosion and
provide for effective infiltration of stormwater; and

(c) Survival and functionality of ground vegetation and ground cover must be sufficient to
remain in compliance with the standards contained within this chapter for minimum of five
years.

T. Erosion and sedimentation control.

(1) All activities which involve filling, grading, excavation or other similar activities which result
in unstabilized soil conditions and which require a permit shall also require a written soil erosion
and sedimentation control plan. The plan shall be submitted to the permitting authority for
approval and shall include, where applicable, provisions for:

(a) Mulching and revegetation of disturbed soil.

(b) Temporary runoff control features, such as hay bales, silt fencing or diversion ditches.

(c) Permanent stabilization structures such as retaining walls or riprap.

(2) In order to create the least potential for erosion, development shall be designed to fit with the
topography and soils of the site. Areas of steep slopes where high cuts and fills may be required
shall be avoided wherever possible, and natural contours shall be followed as closely as
possible.

(3) Erosion and sedimentation control measures shall apply to all aspects of the proposed project
involving land disturbance, and shall be in operation during all stages of the activity. The
amount of exposed soil at every phase of construction shall be minimized to reduce the potential
for erosion.

(4) Any exposed ground area shall be temporarily or permanently stabilized within one week from
the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective
measures. In all cases, permanent stabilization shall occur within nine months of the initial date
of exposure. In addition:

(a) Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet
and shall be maintained until a catch of vegetation is established.

(b) Anchoring the mulch with netting, peg and twine or other suitable method may be required
to maintain the mulch cover.

(c) Additional measures shall be taken where necessary in order to avoid siltation into the
water. Such measures may include the use of staked hay bales and/or silt fences.

(5) Natural and man-made drainageways and drainage outlets shall be protected from erosion from
water flowing through them. Drainageways shall be designed and constructed in order to carry
water from a twenty-five-year storm or greater, and shall be stabilized with vegetation or lined
with riprap.

U. Soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be
established or maintained without causing adverse environmental impacts, including severe erosion,
mass soil movement, improper drainage, and water pollution, whether during or after construction.
Proposed uses requiring subsurface waste disposal, and commercial or industrial development and
other similar intensive land uses, shall require a soils report based on an on-site investigation and be

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City of Westbrook, ME

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prepared by state-certified professionals. Certified persons may include Maine certified soil scientists,
Maine licensed professional engineers, Maine state certified geologists and other persons who have
training and experience in the recognition and evaluation of soil properties. The report shall be based
upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum
groundwater elevation, presence of ledge, drainage conditions, and other pertinent data which the
evaluator deems appropriate. The soils report shall include recommendations for a proposed use to
counteract soil limitations where they exist.

V. Water quality. No activity shall deposit on or into the ground or discharge to the waters of the state
any pollutant that, by itself or in combination with other activities or substances, will impair
designated uses or the water classification of the water body, tributary stream or wetland.

W. Archaeological site. Any proposed land use activity involving structural development or soil
disturbance on or adjacent to sites listed on, or eligible to be listed on, the National Register of
Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the
Maine Historic Preservation Commission for review and comment at least 20 days prior to action
being taken by the permitting authority. The permitting authority shall consider comments received
from the Commission prior to rendering a decision on the application.

X. Recreational trails.

(1) Standards applicable to all recreational trails:

(a) Recreational trails shall be designed and constructed consistent with the standards
contained in this article.

(b) Where a recreational trail is permitted within 100 feet of a great pond or within 75 feet of
another water body or wetland, tree cutting associated with the recreational trail
construction shall be limited to the minimum amount necessary and, to the extent practical,
tree canopies over the trail shall be preserved.

(c) All portions of a recreational trail, including any trail spurs, shall be designed and
constructed to shed water, avoid erosion, and minimize channelized flow to surface waters.

(d) A municipal recreational trail located within a General Development District along the
Presumpscot River shall be set back at least 25 feet from the normal high-water line of a
river, except the Planning Board may approve no minimum setback from the river for short
sections of the trail when no other practical location exists.

(e) A trail that exceeds the limitations contained in this section shall meet all of the standards
for roads and driveways found in § 335-8.15H.

(2) Standards applicable to primitive trails.

(a) Primitive trails shall be set back at least 10 feet, horizontal distance, from the normal high-
water line of a water body or upland edge of a wetland, except for water body and wetland
crossings, and water access sites. Water access sites are limited to one site per 500 feet of
shore frontage, excluding canoe portage locations and allowed footpaths pursuant to
§ 335-8.15P(2)(a), and shall be limited to the width of the trail. Private water access sites
shall not be located closer than 200 linear feet to a footpath allowed by § 335-8.15P(2)(a).

(b) Primitive trails shall be constructed using hand tools only, including power hand tools.

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City of Westbrook, ME

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(c) The trail must be designed and constructed such that soil erosion will be prevented. Such
prevention measures may include steps, water bars, drainage dips, and minor side-sloping
of trails, in addition to lining of the trail with crushed rock, pea stone, or other natural
material.

(d) Where necessary, wooden walkways, bridges, and similar installations no more than four
feet in width are allowed in wet, rocky or unstable areas.

(3) Standards applicable to Category 2 multiple-use nonmotorized trails.

(a) A Category 2 multiple-use nonmotorized trail, including its base, shall set back at least 25
feet, horizontal distance, from the normal high-water line of the Presumpscot River, or 50
feet, horizontal distance, from the normal high-water line of all other water bodies or the
upland edge of a wetland, except for water and wetland access sites, and except where an
existing trail base or developed area is present, including but not limited to a discontinued
rail bed, roadway, parking area or industrial site. The Planning Board may waive the
setback requirement when the applicant demonstrates that there is no other reasonable
alternative for the location of the trail. Examples include, but are not limited to, the
avoidance of rail, road and wetland crossings, the circumvention of bridge abutments,
ledges and steep slopes, and the need to meet required safety standards. Where necessary,
elevated walkways/platforms no more than seven feet in width over a water body or
wetland resource may be permitted.

(b) Trail spurs, no more than five feet in width, may be constructed to the water or wetland.
No spur, however, shall be located less than 500 linear feet from another spur. Clearing of
vegetation for a trail spur shall not exceed 200 square feet per 25 linear feet of trail length.

(c) Where necessary to prevent erosion of surface materials, trail surfaces shall be paved,
graveled, mulched, or otherwise stabilized.

(4) Standards applicable to Category 1 multiple-use nonmotorized trails.

(a) Category 1 multiple-use nonmotorized trails shall meet the same shoreline or wetland
setback requirement as that required of structures in the applicable district, except as
follows:

[1] A trail may be permitted over an existing base, such as a discontinued railbed,
roadway, berm, dike, parking lot or industrial site. The trail may be expanded within
a road or rail right-of-way existing on the effective date of this article, provided that
no part of the expanded trail is less than 25 feet, horizontal distance, from the normal
high-water line of a water body or the upland edge of a wetland.

[2] Notwithstanding the limitations in Subsection X(4)(a)[1] above, the Planning Board
may waive the water or wetland setback requirement when the applicant
demonstrates that there is no other reasonable alternative for the location of the trail.
Examples include, but are not limited to, the avoidance of rail, road, and wetland
crossings, the avoidance of permanent structures, ledges, and steep slopes, and the
need to meet required safety standards. When the applicant demonstrates the need,
an elevated walkway/platform over the water or wetland resource may be permitted,
provided that it is no larger than necessary. Note: Elevated walkways must comply
with local floodplain management ordinances, and may require a permit from the
DEP pursuant to the Natural Resources Protection Act.36 In the GD District, a

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City of Westbrook, ME

§ 335-8.15 LAND USE § 335-8.15

municipal public trail system can be constructed along the Presumpscot River.
Setbacks for trails can be reduced to less than 25 feet if approved by the Maine
DEP under the Natural Resources Protection Act consistent with previous Subsection
X(4)(a)[1].

(b) When a trail is permitted within the structure setback area, any significant areas of exposed
mineral soil present between the trail and the water body or wetland shall be planted with
native vegetation or be otherwise stabilized to prevent erosion and protect water quality.

(c) Trail spurs, no greater than eight feet in width, may be established at distances no less than
500 linear feet apart. Clearing of vegetation for a trail spur shall not exceed 250 square feet
per 25 feet of spur length. Trail spurs that extend to the shoreline shall not include any
structural development except that necessary for shoreline stabilization or trail hardening,
and except for the placement of a bench or similar object for sitting purposes. No trail spur
shall be permitted on sustained ground slopes of greater than 15%.

(d) Trail surfaces must either be paved, graveled, mulched or otherwise stabilized/surfaced to
prevent erosion of surface materials. Trail banks and side slopes steeper than a 50% slope
and retaining walls greater than four feet in height shall be designed by a professional
engineer and shall be stabilized in accordance with the provisions for erosion and
sedimentation control contained in § 335-8.15T.

(5) Standards applicable to Category 2 multiple-use trails, including motorized uses. Category 2
multiple-use trails, including motorized uses, shall meet the same shoreline or wetland setback
requirement as that required for structures in the district in which such trails are located, except
for water and wetland crossings, and except as follows:

(a) A trail may be permitted over a legally existing base, such as a discontinued railbed,
roadway, berm, dike, parking lot or industrial site. No portion of the base shall be
expanded closer to the normal high-water line of a water body or upland edge of a wetland.

(b) The Planning Board may waive the setback requirement when the applicant demonstrates
that there is no other reasonable alternative for the location of the trail. Examples include
the avoidance of road and wetland crossings, ledges, and steep slopes. Any portion of the
trail that is less than 75 feet from a water body or wetland shall be paved or similarly
hardened to prevent erosion.

(c) A trail that is limited exclusively for winter use need not meet setback requirements,
provided that the trail is chained, gated or otherwise blocked to motorized access, except
during frozen ground conditions.

(d) All crossings of flowing water shall require a bridge or culvert, except in areas with low,
hardened banks and channel beds which are composed of gravel, rock or similar hard
surface which will not be eroded or otherwise damaged.

(e) Trails are prohibited within the shoreland zone of a significant river segment, except for
water crossings, and in a Resource Protection District so designated because of wildlife
habitat value or the presence of sustained slopes greater than 20%.

(f) When a trail is permitted within the setback area, any exposed mineral soil between the

36. Editor's Note: See 38 M.R.S.A. § 480-A et seq.

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City of Westbrook, ME

§ 335-8.15 WESTBROOK CODE § 335-8.16

trail and the water body or wetland shall be planted with native vegetation or be otherwise
stabilized in order to prevent erosion and protect water quality.

(g) Where trail stability is of concern, the Planning Board may require hardening or
compacting of the trail tread to prevent erosion. Examples include wet or steeply sloped
areas, and trail switchback sites.

(h) Trail banks and side slopes steeper than a 50% slope and retaining walls greater than four
feet in height shall be designed by a professional engineer and shall be stabilized in
accordance with the provisions for erosion and sedimentation control contained in
§ 335-8.15T.

(6) Standards applicable to Category 1 multiple-use trails, including motorized uses. Category 1
multiple-use trails, including motorized uses, shall meet the same standards as those for a
Category 2 multiple-use trail, including motorized uses, except that the Planning Board may
waive the setback requirement only where existing roads and similar obstructions require the
trail to be located within the setback area. In such case, the trail shall not extend into the setback
area for more than 200 linear feet on each side of the obstruction. All portions of the trail
permitted within 75 feet of a water body or wetland shall be paved or otherwise hardened or
compacted to prevent erosion.

§ 335-8.16. Administration.

A. Administering bodies and agents.

(1) Code Enforcement Officer. A Code Enforcement Officer shall be appointed or reappointed
annually by July 1.

(2) Board of Appeals. A Board of Appeals shall be created in accordance with the provisions of
30-A M.R.S.A. § 2691.

(3) Planning Board. A Planning Board shall be created in accordance with the provisions of state
law.

B. Permits required. After the effective date of this article, no person shall, without first obtaining a
permit, engage in any activity or use of land or structure requiring a permit in the district in which
such activity or use would occur; or expand, change, or replace an existing use or structure; or renew
a discontinued nonconforming use. A person who is issued a permit pursuant to this article shall have
a copy of the permit on site while the work authorized by the permit is performed.

(1) A permit is not required for the replacement of an existing road culvert as long as:

(a) The replacement culvert is not more than 25% longer than the culvert being replaced;

(b) The replacement culvert is no longer than 75 feet; and

(c) Adequate erosion control measures are taken to prevent sedimentation of the water, and
the crossing does not block fish passage in the watercourse.

(2) A permit is not required for an archaeological excavation as long as the excavation is conducted
by an archaeologist listed on the State Historic Preservation Officer's Level 1 or Level 2
approved list, and unreasonable erosion and sedimentation is prevented by means of adequate
and timely temporary and permanent stabilization measures.

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City of Westbrook, ME

§ 335-8.16 LAND USE § 335-8.16

(3) Any permit required by this article shall be in addition to any other permit required by other law
or ordinance.

C. Permit application.

(1) Every applicant for a permit shall submit a written application, including a scaled site plan, on
a form provided by the municipality, to the appropriate official as indicated in § 335-8.14.

(2) All applications shall be signed by an owner or individual who can show evidence of right, title
or interest in the property or by an agent, representative, tenant, or contractor of the owner with
authorization from the owner to apply for a permit hereunder, certifying that the information in
the application is complete and correct.

(3) All applications shall be dated, and the Code Enforcement Officer or Planning Board, as
appropriate, shall note upon each application the date and time of its receipt.

(4) If the property is not served by a public sewer, a valid plumbing permit or a completed
application for a plumbing permit, including the site evaluation approved by the Plumbing
Inspector, shall be submitted whenever the nature of the proposed structure or use would require
the installation of a subsurface sewage disposal system.

(5) Contractor certification. When an excavation contractor will perform an activity that requires or
results in more than one cubic yard of soil disturbance, the contractor shall ensure that a person
responsible for management of erosion and sedimentation control practices at the site is certified
in erosion control practices by the Maine Department of Environmental Protection. This person
must be present at the site each day earthmoving activity occurs for a duration that is sufficient
to ensure that proper erosion and sedimentation control practices are followed. This is required
until erosion and sedimentation control measures have been installed, which will either stay in
place permanently or stay in place until the area is sufficiently covered with vegetation
necessary to prevent soil erosion. The name and certification number of the person who will
oversee the activity causing or resulting in soil disturbance shall be included on the permit
application. This requirement does not apply to a person or firm engaged in agriculture or timber
harvesting if best management practices for erosion and sedimentation control are used and
municipal, state and federal employees engaged in projects associated with that employment.

D. Procedure for administering permits. Within 35 days of the date of receiving a written application,
the Planning Board or Code Enforcement Officer, as indicated in § 335-8.14, shall notify the
applicant, in writing, either that the application is a complete application or, if the application is
incomplete, that specified additional material is needed to make the application complete. The
Planning Board or the Code Enforcement Officer, as appropriate, shall approve, approve with
conditions, or deny all permit applications, in writing, within 35 days of receiving a completed
application. However, if the Planning Board has a waiting list of applications, a decision on the
application shall occur within 35 days after the first available date on the Planning Board's agenda
following receipt of the completed application, or within 35 days of the public hearing, if the
proposed use or structure is found to be in conformance with the purposes and provisions of this
article.

(1) The applicant shall have the burden of proving that the proposed land use activity is in
conformity with the purposes and provisions of this article.

(2) After the submission of a complete application to the Planning Board, the Board shall approve
an application or approve it with conditions if it makes a positive finding based on the

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City of Westbrook, ME

§ 335-8.16 WESTBROOK CODE § 335-8.16

information presented that the proposed use:

(a) Will maintain safe and healthful conditions;

(b) Will not result in water pollution, erosion, or sedimentation to surface waters;

(c) Will adequately provide for the disposal of all wastewater;

(d) Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other
wildlife habitat;

(e) Will conserve shore cover and visual, as well as actual, points of access to inland and
coastal waters;

(f) Will protect archaeological and historic resources as designated in the Comprehensive
Plan;

(g) Will not adversely affect existing commercial fishing or maritime activities in a
Commercial Fisheries/Maritime Activities District;

(h) Will avoid problems associated with floodplain development and use; and

(i) Is in conformance with the provisions of § 335-8.15, Land use standards.

(3) If a permit is either denied or approved with conditions, the reasons as well as conditions shall
be stated in writing. No approval shall be granted for an application involving a structure if the
structure would be located in an unapproved subdivision or would violate any other local
ordinance, or regulation or statute administered by the municipality.

E. Expiration of permit. Permits shall expire one year from the date of issuance if a substantial start is
not made in construction or in the use of the property during that period. If a substantial start is made
within one year of the issuance of the permit, the applicant shall have one additional year to complete
the project, at which time the permit shall expire.

F. Installation of public utility service. A public utility, water district, sanitary district or any utility
company of any kind may not install services to any new structure located in the shoreland zone
unless written authorization attesting to the validity and currency of all local permits required under
this or any previous ordinance has been issued by the appropriate municipal officials or other written
arrangements have been made between the municipal officials and the utility.

G. Appeals.

(1) Powers and duties of the Board of Appeals. The Board of Appeals shall have the following
powers:

(a) Administrative appeals. To hear and decide administrative appeals, on an appellate basis,
where it is alleged by an aggrieved party that there is an error in any order, requirement,
decision, or determination made by, or failure to act by, the Planning Board in the
administration of this article; and to hear and decide administrative appeals on a de novo
basis where it is alleged by an aggrieved party that there is an error in any order,
requirement, decision or determination made by, or failure to act by, the Code
Enforcement Officer in his or her review of and action on a permit application under this
article. Any order, requirement, decision or determination made, or failure to act, in the
enforcement of this article is not appealable to the Board of Appeals.

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City of Westbrook, ME

§ 335-8.16 LAND USE § 335-8.16

(b) Variance appeals. To authorize variances upon appeal, within the limitations set forth in
this article.

(2) Variance appeals. Variances may be granted only under the following conditions:

(a) Variances may be granted only from dimensional requirements, including, but not limited
to, lot width, structure height, percent of lot coverage, and setback requirements.

(b) Variances shall not be granted for establishment of any uses otherwise prohibited by this
article.

(c) The Board shall not grant a variance unless it finds that:

[1] The proposed structure or use would meet the provisions of § 335-8.15 except for the
specific provision which has created the nonconformity and from which relief is
sought; and

[2] The strict application of the terms of this article would result in undue hardship. The
term "undue hardship" shall mean:

[a] That the land in question cannot yield a reasonable return unless a variance is
granted;

[b] That the need for a variance is due to the unique circumstances of the property
and not to the general conditions in the neighborhood;

[c] That the granting of a variance will not alter the essential character of the
locality; and

[d] That the hardship is not the result of action taken by the applicant or a prior
owner.

(d) Notwithstanding § 335-8.16G(2)(c)[2] above, the Board of Appeals, or the Code

Enforcement Officer if authorized in accordance with 30-A M.R.S.A. § 4353-A, may grant
a variance to an owner of a residential dwelling for the purpose of making that dwelling
accessible to a person with a disability who resides in or regularly uses the dwelling. The
Board shall restrict any variance granted under this subsection solely to the installation of
equipment or the construction of structures necessary for access to or egress from the
dwelling by the person with the disability. The Board may impose conditions on the
variance, including limiting the variance to the duration of the disability or to the time that
the person with the disability lives in the dwelling. The term "structures necessary for
access to or egress from the dwelling" shall include railing, wall or roof systems necessary
for the safety or effectiveness of the structure. Any permit issued pursuant to this
subsection is subject to § 335-8.16G(2)(f) and (4)(b)[4] below.

(e) The Board of Appeals shall limit any variances granted as strictly as possible in order to
ensure conformance with the purposes and provisions of this article to the greatest extent
possible, and in doing so may impose such conditions to a variance as it deems necessary.
The party receiving the variance shall comply with any conditions imposed.

(f) A copy of each variance request, including the application and all supporting information
supplied by the applicant, shall be forwarded by the municipal officials to the
Commissioner of the Department of Environmental Protection at least 20 days prior to

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City of Westbrook, ME

§ 335-8.16 WESTBROOK CODE § 335-8.16

action by the Board of Appeals. Any comments received from the Commissioner prior to
the action by the Board of Appeals shall be made part of the record and shall be taken into
consideration by the Board of Appeals.

(3) Administrative appeals.

(a) When the Board of Appeals reviews a decision of the Code Enforcement Officer the Board
of Appeals shall hold a de novo hearing. At this time, the Board may receive and consider
new evidence and testimony, be it oral or written. When acting in a de novo capacity, the
Board of Appeals shall hear and decide the matter afresh, undertaking its own independent
analysis of evidence and the law, and reaching its own decision.

(b) When the Board of Appeals hears a decision of the Planning Board, it shall hold an
appellate hearing, and may reverse the decision of the Planning Board only upon finding
that the decision was contrary to specific provisions of the article or contrary to the facts
presented to the Planning Board. The Board of Appeals may only review the record of the
proceedings before the Planning Board. The Board Appeals shall not receive or consider
any evidence which was not presented to the Planning Board, but the Board of Appeals
may receive and consider written or oral arguments. If the Board of Appeals determines
that the record of the Planning Board proceedings is inadequate, the Board of Appeals may
remand the matter to the Planning Board for additional fact finding.

(4) Appeal procedure.

(a) Making an appeal.

[1] An administrative or variance appeal may be taken to the Board of Appeals by an

aggrieved party from any decision of the Code Enforcement Officer or the Planning
Board, except for enforcement-related matters as described in § 335-8.16G(1)(a)
above. Such an appeal shall be taken within 30 days of the date of the official, written
decision appealed from, and not otherwise, except that the Board, upon a showing of
good cause, may waive the thirty-day requirement.

[2] Applications for appeals shall be made by filing with the Board of Appeals a written
notice of appeal which includes:

[a] A concise written statement indicating what relief is requested and why the
appeal or variance should be granted.

[b] A sketch drawn to scale showing lot lines, location of existing buildings and
structures and other physical features of the lot pertinent to the relief sought.

[3] Upon receiving an application for an administrative appeal or a variance, the Code
Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board
of Appeals all of the papers constituting the record of the decision appealed from.

[4] The Board of Appeals shall hold a public hearing on an administrative appeal or a
request for a variance within 35 days of its receipt of a complete written application,
unless this time period is extended by the parties.

(b) Decision by Board of Appeals.

[1] A majority of the full voting membership of the Board shall constitute a quorum for

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City of Westbrook, ME

§ 335-8.16 LAND USE § 335-8.16

the purpose of deciding an appeal.

[2] The person filing the appeal shall have the burden of proof.

[3] The Board shall decide all administrative appeals and variance appeals within 35
days after the close of the hearing, and shall issue a written decision on all appeals.

[4] The Board of Appeals shall state the reasons and basis for its decision, including a
statement of the facts found and conclusions reached by the Board. The Board shall
cause written notice of its decision to be mailed or hand-delivered to the applicant
and to the Department of Environmental Protection within seven days of the Board's
decision. Copies of written decisions of the Board of Appeals shall be given to the
Planning Board, Code Enforcement Officer, and the municipal officers.

(5) Appeal to Superior Court. Except as provided by 30-A M.R.S.A. § 2691(3)(F), any aggrieved
party who participated as a party during the proceedings before the Board of Appeals may take
an appeal to Superior Court in accordance with state laws within 45 days from the date of any
decision of the Board of Appeals.

(6) Reconsideration. In accordance with 30-A M.R.S.A. § 2691(3)(F), the Board of Appeals may
reconsider any decision within 45 days of its prior decision. A request to the Board to reconsider
a decision must be filed within 10 days of the decision that is being reconsidered. A vote to
reconsider and the action taken on that reconsideration must occur and be completed within 45
days of the date of the vote on the original decision. Reconsideration of a decision shall require
a positive vote of the majority of the Board members originally voting on the decision, and
proper notification to the landowner, petitioner, Planning Board, Code Enforcement Officer, and
other parties of interest, including abutters and those who testified at the original hearing(s). The
Board may conduct additional hearings and receive additional evidence and testimony. Appeal
of a reconsidered decision to Superior Court must be made within 15 days after the decision on
reconsideration.

H. Enforcement.

(1) Nuisances. Any violation of this article shall be deemed to be a nuisance.

(2) Code Enforcement Officer.

(a) It shall be the duty of the Code Enforcement Officer to enforce the provisions of this
article. If the Code Enforcement Officer shall find that any provision of this article is being
violated, he or she shall notify, in writing, the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary to correct it,
including discontinuance of illegal use of land, buildings or structures, or work being done,
removal of illegal buildings or structures, and abatement of nuisance conditions. A copy
of such notices shall be submitted to the municipal officers and be maintained as a
permanent record.

(b) The Code Enforcement Officer shall conduct on-site inspections to ensure compliance
with all applicable laws and conditions attached to permit approvals. The Code
Enforcement Officer shall also investigate all complaints of alleged violations of this
article.

(c) The Code Enforcement Officer shall keep a complete record of all essential transactions
of the office, including applications submitted, permits granted or denied, variances

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City of Westbrook, ME

§ 335-8.16 WESTBROOK CODE § 335-8.17

granted or denied, revocation actions, revocation of permits, appeals, court actions,

violations investigated, violations found, and fees collected.

(3) Legal actions. When the above action does not result in the correction or abatement of the
violation or nuisance condition, the municipal officers, upon notice from the Code Enforcement
Officer, are hereby directed to institute any and all actions and proceedings, either legal or
equitable, including seeking injunctions of violations and the imposition of fines, that may be
appropriate or necessary to enforce the provisions of this article in the name of the municipality.
The municipal officers, or their authorized agent, are hereby authorized to enter into
administrative consent agreements for the purpose of eliminating violations of this article and
recovering fines without court action. Such agreements shall not allow an illegal structure or use
to continue unless there is clear and convincing evidence that the illegal structure or use was
constructed or conducted as a direct result of erroneous advice given by an authorized municipal
official and there is no evidence that the owner acted in bad faith, or unless the removal of the
structure or use will result in a threat or hazard to public health and safety or will result in
substantial environmental damage.

(4) Fines. Any person, including but not limited to a landowner, a landowner's agent or a contractor,
who violates any provision or requirement of this article shall be penalized in accordance with
30-A M.R.S.A. § 4452.

§ 335-8.17. Definitions.

As used in this article, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE OR USE — A use or structure which is incidental and subordinate to the
principal use or structure. Accessory uses, when aggregated, shall not subordinate the principal use of the
lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by
a roof or a common wall is considered part of the principal structure.
AGGRIEVED PARTY — An owner of land whose property is directly or indirectly affected by the
granting or denial of a permit or variance under this article; a person whose land abuts land for which
a permit or variance has been granted; or any other person or group of persons who have suffered
particularized injury as a result of the granting or denial of such permit or variance.
AGRICULTURE — The production, keeping or maintenance for sale or lease of plants or animals,
including, but not limited to, forages and sod crops, grains and seed crops, dairy animals and dairy
products, poultry and poultry products, livestock, fruits and vegetables and ornamental greenhouse
products. Agriculture does not include forest management and timber harvesting activities.
AQUACULTURE — The growing or propagation of harvestable freshwater, estuarine, or marine plant or
animal species.
BASAL AREA — The area of cross section of a tree stem at 4 1/2 feet above ground level, and inclusive
of bark.
BASEMENT — Any portion of a structure with a floor-to-ceiling height of six feet or more and having
more than 50% of its volume below the existing ground level.
BOAT-LAUNCHING FACILITY — A facility designed primarily for the launching and landing of
watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and
trailers.
BUREAU OF FORESTRY — State of Maine Department of Agriculture, Conservation, and Forestry,
Bureau of Forestry.

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City of Westbrook, ME

§ 335-8.17 LAND USE § 335-8.17

CAMPGROUND — Any area or tract of land to accommodate two or more parties in temporary living
quarters, including, but not limited to tents, recreational vehicles or other shelters.
CANOPY — The more or less continuous cover formed by tree crowns in a wooded area.
CATEGORY 1 MULTIPLE-USE NONMOTORIZED TRAIL — A public trail, or a private trail open to
the public, established for walking, hiking, nonmotorized biking, snowshoeing, or cross-country skiing,
with a tread path no more than 12 feet in width (14 feet in an urban area) and an overall width,
including trail side slopes, of 20 feet or less. No motorized vehicles except electrically operated bicycles,
wheelchairs, and similar transportation-related equipment used only by persons with disabilities and
vehicles necessary for maintenance and emergency purposes are permitted (Planning Board permit
required).
CATEGORY 1 MULTIPLE-USE TRAIL, INCLUDING MOTORIZED USES — A public trail, or a
private trail open to the public, with a tread path no more than 12 feet wide (14 feet in an urban
area) and an overall clearance of 20 feet wide, established for recreational vehicles, equestrian activities,
mountain biking, hiking, ATVing, off-road motorcycling, snowmobiling, snowshoeing, or cross-country
skiing (Planning Board permit required).
CATEGORY 2 MULTIPLE-USE NONMOTORIZED TRAIL — A public trail, or a private trail open to
the public, with a tread path no more than five feet in width and an overall clearance of seven feet wide,
established for walking, hiking, nonmotorized biking, snowshoeing, or cross-country skiing. Electrically
operated bicycles, wheelchairs, and similar transportation-related equipment used only by persons with
disabilities are permitted (CEO, unless setback waiver is necessary, in which case a permit is required from
the Planning Board).
CATEGORY 2 MULTIPLE-USE TRAIL, INCLUDING MOTORIZED USES — A public trail, or a
private trail open to the public, with a tread path no more than five feet wide and an overall clearance
of seven feet wide, established for recreational vehicles, equestrian activities, mountain biking, hiking,
ATVing, off-road motorcycling, snowmobiling, snowshoeing, or cross-country skiing (Planning Board
permit required).
COASTAL WETLAND — All tidal and subtidal lands; all lands with vegetation present that is tolerant
of salt water and occurs primarily in a saltwater or estuarine habitat; and any swamp, marsh, bog, beach,
flat or other contiguous low land that is subject to tidal action during the highest tide level for the year in
which an activity is proposed as identified in tide tables published by the National Ocean Service. Coastal
wetlands may include portions of coastal sand dunes.
COMMERCIAL USE — The use of lands, buildings, or structures, other than a home occupation, defined
below, the intent and result of which activity is the production of income from the buying and selling of
goods and/or services, exclusive of rental of residential buildings and/or dwelling units.
DEVELOPMENT — A change in land use involving alteration of the land, water or vegetation, or the
addition or alteration of structures or other construction not naturally occurring.
DIMENSIONAL REQUIREMENTS — Numerical standards relating to spatial relationships, including
but not limited to setback, lot area, shore frontage and height.
DISABILITY — Any disability, infirmity, malformation, disfigurement, congenital defect or mental
condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness, and
also includes the physical or mental condition of a person which constitutes a substantial handicap as
determined by a physician or, in the case of mental handicap, by a psychiatrist or psychologist, as well
as any other health or sensory impairment which requires special education, vocational rehabilitation or
related services.

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City of Westbrook, ME

§ 335-8.17 WESTBROOK CODE § 335-8.17

DRIVEWAY — A vehicular accessway less than 500 feet in length serving two single-family dwellings
or one two-family dwelling, or less.
EMERGENCY OPERATIONS — Operations conducted for the public health, safety or general welfare,
such as protection of resources from immediate destruction or loss, law enforcement, and operations to
rescue human beings, property and livestock from the threat of destruction or injury.
ESSENTIAL SERVICES — Gas, electrical or communication facilities; steam, fuel, electric power or
water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles
and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection
or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains,
drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar
accessories, but shall not include service drops or buildings which are necessary for the furnishing of such
services.
EXPANSION OF A STRUCTURE — An increase in the footprint or height of a structure, including all
extensions, such as, but not limited to, attached decks, garages, porches and greenhouses.
EXPANSION OF USE — The addition of one or more months to a use's operating season or the use of
more footprint of a structure or ground area devoted to a particular use.
FAMILY — One or more persons occupying a premises and living as a single housekeeping unit.
FLOODWAY — The channel of a river or other watercourse and adjacent land areas that must be reserved
in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by
more than one foot in height.
FLOOR AREA — The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls.
FOOTPRINT — The entire area of ground covered by the structure(s) on a lot, including but not limited to
cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks.
FORESTED WETLAND — A freshwater wetland dominated by woody vegetation that is six meters tall
(approximately 20 feet) or taller.
FOUNDATION — The supporting substructure of a building or other structure, excluding wooden sills
and post supports, but including basements, slabs, frost walls, or other base consisting of concrete, block,
brick or similar material.
FRESHWATER WETLAND —

A. Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:

(1) Of 10 or more contiguous acres, or of less than 10 contiguous acres and adjacent to a surface
water body, excluding any river, stream or brook, such that in a natural state the combined
surface area is in excess of 10 acres; and

(2) Inundated or saturated by surface water or groundwater at a frequency and for a duration
sufficient to support, and which under normal circumstances do support, a prevalence of
wetland vegetation typically adapted for life in saturated soils.

B. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to
the criteria of this definition.
FUNCTIONALLY WATER-DEPENDENT USES — Those uses that require, for their primary purpose,
location on submerged lands or that require direct access to, or location in, coastal or inland waters and
that cannot be located away from these waters. The uses include, but are not limited to, commercial

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City of Westbrook, ME

§ 335-8.17 LAND USE § 335-8.17

and recreational fishing and boating facilities, fish and shellfish processing, fish-related storage and retail
and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boatbuilding
facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control
purposes, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling
or processing water that cannot reasonably be located or operated at an inland site, and uses that primarily
provide general public access to coastal or inland waters. Recreational boat storage buildings are not
considered to be a functionally water-dependent use.
GREAT POND — Any inland body of water which in a natural state has a surface area in excess of 10
acres, and any inland body of water artificially formed or increased which has a surface area in excess of
30 acres except for the purposes of this article, where the artificially formed or increased inland body of
water is completely surrounded by land held by a single owner.
GREAT POND CLASSIFIED GPA — Any great pond classified GPA, pursuant to 38 M.R.S.A. § 465-A.
This classification includes some but not all impoundments of rivers that are defined as great ponds.
GROUND COVER — Small plants, fallen leaves, needles and twigs, and the partially decayed organic
matter of the forest floor.
HAZARD TREE — A tree with a structural defect, combination of defects, or disease resulting in a
structural defect that under the normal range of environmental conditions at the site exhibits a high
probability of failure and loss of a major structural component of the tree in a manner that will strike a
target. A normal range of environmental conditions does not include meteorological anomalies, such as,
but not limited to: hurricanes; hurricane-force winds; tornados; microbursts; or significant ice storm events.
Hazard trees also include those trees that pose a serious and imminent risk to bank stability. A "target"
is the area where personal injury or property damage could occur if the tree or a portion of the tree fails.
Targets include roads, driveways, parking areas, structures, campsites, and any other developed area where
people frequently gather and linger.
HEIGHT OF A STRUCTURE — The vertical distance between the mean original (prior to construction)
grade at the downhill side of the structure and the highest point of the structure, excluding chimneys,
steeples, antennas, and similar appurtenances that have no floor area.
HOME OCCUPATION — An occupation or profession which is customarily conducted on or in a
residential structure or property and which is clearly incidental to and compatible with the residential use
of the property and surrounding residential uses and which employs no more than two persons other than
family members residing in the home.
INCREASE IN NONCONFORMITY OF A STRUCTURE — Any change in a structure or property
which causes further deviation from the dimensional standard(s) creating the nonconformity, such as,
but not limited to, reduction in water body, tributary stream or wetland setback distance, increase in
lot coverage, or increase in height of a structure. Property changes or structure expansions which either
meet the dimensional standard or which cause no further increase in the linear extent of nonconformance
of the existing structure shall not be considered to increase nonconformity. For example, there is no
increase in nonconformity with the setback requirement for water bodies, wetlands, or tributary streams
if the expansion extends no further into the required setback area than does any portion of the existing
nonconforming structure. Hence, a structure may be expanded laterally, provided that the expansion
extends no closer to the water body, tributary stream, or wetland than the closest portion of the existing
structure from that water body, tributary stream, or wetland. Included in this allowance are expansions
which infill irregularly shaped structures.
INDIVIDUAL PRIVATE CAMPSITE — An area of land which is not associated with a campground,
but which is developed for repeated camping by only one group not to exceed 10 individuals and which
involves site improvements which may include but not be limited to a gravel pad, parking area, fireplace,

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City of Westbrook, ME

§ 335-8.17 WESTBROOK CODE § 335-8.17

or tent platform.
INDUSTRIAL — The assembling, fabrication, finishing, manufacturing, packaging or processing of
goods, or the extraction of minerals.
INSTITUTIONAL — A nonprofit or quasi-public use, or institution such as a church, library, public
or private school, hospital, or municipally owned or operated building, structure or land used for public
purposes.
LOT AREA — The area of land enclosed within the boundary lines of a lot, minus land below the normal
high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two
lots.
MARINA — A business establishment having frontage on navigable water and, as its principal use,
providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory
services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats
and marine equipment, bait and tackle shops and marine fuel service facilities.
MARKET VALUE — The estimated price a property will bring in the open market and under prevailing
market conditions in a sale between a willing seller and a willing buyer, both conversant with the property
and with prevailing general price levels.
MINERAL EXPLORATION — Hand sampling, test boring, or other methods of determining the nature
or extent of mineral resources which create minimal disturbance to the land and which include reasonable
measures to restore the land to its original condition.
MINERAL EXTRACTION — Any operation within any twelve-month period which removes more than
100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural
location and transports the product removed away from the extraction site.
MINIMUM LOT WIDTH — The closest distance between the side lot lines of a lot. When only two lot
lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines.
MULTIUNIT RESIDENTIAL — A residential structure containing three or more residential dwelling
units.
NATIVE — Indigenous to the local forests.
NONCONFORMING CONDITION — Nonconforming lot, structure or use which is allowed solely
because it was in lawful existence at the time this article or subsequent amendment took effect.
NONCONFORMING LOT — A single lot of record which, at the effective date of adoption or amendment
of this article, does not meet the area, frontage, or width requirements of the district in which it is located.
NONCONFORMING STRUCTURE — A structure which does not meet any one or more of the following
dimensional requirements: setback, height, lot coverage or footprint, but which is allowed solely because
it was in lawful existence at the time this article or subsequent amendments took effect.
NONCONFORMING USE — Use of buildings, structures, premises, land or parts thereof which is not
allowed in the district in which it is situated, but which is allowed to remain solely because it was in lawful
existence at the time this article or subsequent amendments took effect.
NONNATIVE INVASIVE SPECIES OF VEGETATION — Species of vegetation listed by the Maine
Department of Agriculture, Conservation and Forestry as being invasive in Maine ecosystems and not
native to Maine ecosystems.
NORMAL HIGH-WATER LINE (NON-TIDAL WATERS) — That line which is apparent from visible
markings, changes in the character of soils due to prolonged action of the water or changes in vegetation,

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City of Westbrook, ME

§ 335-8.17 LAND USE § 335-8.17

and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas
contiguous with rivers and great ponds that support nonforested wetland vegetation and hydric soils and
that are at the same or lower elevation as the water level of the river or great pond during the period of
normal high water are considered part of the river or great pond.
OUTLET STREAM — Any perennial or intermittent stream, as shown on the most recent highest
resolution version of the national hydrography dataset available from the United States Geological Survey
on the website of the United States Geological Survey or the national map, that flows from a freshwater
wetland.
PERSON — An individual, corporation, governmental agency, municipality, trust, estate, partnership,
association, two or more individuals having a joint or common interest, or other legal entity.
PIERS, DOCKS, WHARVES, BRIDGES AND OTHER STRUCTURES AND USES EXTENDING
OVER OR BEYOND THE NORMAL HIGH-WATER LINE OR WITHIN A WETLAND —

A. TEMPORARY — Structures which remain in or over the water for less than seven months in any
period of 12 consecutive months.

B. PERMANENT — Structures which remain in or over the water for seven months or more in any
period of 12 consecutive months.
PRIMITIVE TRAIL — A public or private path or trail, with a tread path no more than three feet in
width and an overall clearance of four feet in width, established for walking, hiking, nonmotorized biking
purposes, snowshoeing, or cross-country skiing (CEO permit required).
PRINCIPAL STRUCTURE — A structure other than one which is used for purposes wholly incidental or
accessory to the use of another structure or use on the same lot.
PRINCIPAL USE — A use other than one which is wholly incidental or accessory to another use on the
same lot.
PUBLIC FACILITY — Any facility, including, but not limited to, buildings, property, recreation areas,
and roads, which is owned, leased, or otherwise operated or funded by a governmental body or public
entity.
RECENT FLOODPLAIN SOILS — The following soil series as described and identified by the National
Cooperative Soil Survey:

Fryeburg Hadley Limerick

Lovewell Medomak Ondawa
Alluvial Cornish Charles
Podunk Rumney Saco
Suncook Sunday Winooski

RECREATIONAL FACILITY — A place designed and equipped for the conduct of sports, leisure-time
activities, and other customary and usual recreational activities, excluding boat-launching facilities.
RECREATIONAL TRAIL — A thoroughfare or way across land or snow used primarily for recreational
purposes, including, but not limited to, such uses as bicycling, Nordic (cross-country) skiing, day hiking,
equestrian activities, jogging or similar fitness activities, trail biking, overnight and long-distance
backpacking, roller skating, in-line skating, dog sledding, running, snowmobiling, canoe and kayak
portaging, and vehicular travel by motorcycle, four-wheel drive or all-terrain, off-road vehicles.

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City of Westbrook, ME

§ 335-8.17 WESTBROOK CODE § 335-8.17

Recreational trail use may be limited to foot, horse, or other nonmotorized means of transportation or
motorized means of transportation or a combination of any of them. Recreational trails include primitive
trails, multiple-use nonmotorized trails, and multiple-use trails, including motorized uses. A recreational
trail is not a structure.
RECREATIONAL VEHICLE — A vehicle or an attachment to a vehicle designed to be towed, and
designed for temporary sleeping or living quarters for one or more persons, and which may include a
pickup camper, travel trailer, tent trailer, camp trailer, and motor home. In order to be considered as a
vehicle and not as a structure, the unit must remain with its tires on the ground and must be registered
with the State Bureau of Motor Vehicles.[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
REPLACEMENT SYSTEM — A system intended to replace:

A. An existing system which is either malfunctioning or being upgraded with no significant change of
design flow or use of the structure; or

B. Any existing overboard wastewater discharge.

RESIDENTIAL DWELLING UNIT — A room or group of rooms designed and equipped exclusively for
use as permanent, seasonal, or temporary living quarters for only one family at a time, and containing
cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain
cooking, sleeping, and toilet facilities regardless of the time period rented. Recreational vehicles are not
residential dwelling units.
RIPRAP — Rocks, irregularly shaped, and at least six inches in diameter, used for erosion control and soil
stabilization, typically used on ground slopes of two units horizontal to one unit vertical or less.
RIVER — A free-flowing body of water, including its associated floodplain wetlands, from that point at
which it provides drainage for a watershed of 25 square miles to its mouth. The Stroudwater River within
the municipal boundaries of the City of Westbrook is considered a river.
ROAD — A route or track consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing
material constructed for or created by the repeated passage of motorized vehicles, excluding a driveway as
defined.
SALT MARSH — Areas of coastal wetland (most often along coastal bays) that support salt-tolerant
species, and where at average high tide during the growing season the soil is irregularly inundated by
tidal waters. The predominant species is saltmarsh cordgrass (Spartina alterniflora). More open areas often
support widgeon grass, eelgrass, and Sago pondweed.
SALT MEADOW — Areas of a coastal wetland that support salt tolerant plant species bordering the
landward side of salt marshes or open coastal water, where the soil is saturated during the growing season
but which is rarely inundated by tidal water. Indigenous plant species include salt meadow cordgrass
(Spartina patens) and black rush; common threesquare occurs in fresher areas.
SAPLING — A tree species that is less than two inches in diameter at 4.5 feet above ground level.
SEEDLING — A young tree species that is less than 4.5 feet in height above ground level.
SERVICE DROP — Any utility line extension which does not cross or run beneath any portion of a water
body, provided that:

A. In the case of electric service:

(1) The placement of wires and/or the installation of utility poles is located entirely upon the
premises of the customer requesting service or upon a roadway right-of-way; and

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City of Westbrook, ME

§ 335-8.17 LAND USE § 335-8.17

(2) The total length of the extension is less than 1,000 feet.

B. In the case of telephone service:

(1) The extension, regardless of length, will be made by the installation of telephone wires to
existing utility poles; or

(2) The extension requiring the installation of new utility poles or placement underground is less
than 1,000 feet in length.
SETBACK — The nearest horizontal distance from the normal high-water line of a water body or tributary
stream, or upland edge of a wetland, to the nearest part of a structure, road, parking space or other regulated
object or area.
SHORE FRONTAGE — The length of a lot bordering on a water body or wetland measured in a straight
line between the intersections of the lot lines with the shoreline.
SHORELAND ZONE — The land area located within 250 feet, horizontal distance, of the normal high-
water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a coastal
wetland, including all areas affected by tidal action; within 250 feet of the upland edge of a freshwater
wetland; or within 75 feet, horizontal distance, of the normal high-water line of a stream.
SHORELINE — The normal high-water line, or upland edge of a freshwater or coastal wetland.
SIGNIFICANT RIVER SEGMENTS — See 38 M.R.S.A. § 437.[Amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
STORM-DAMAGED TREE — A tree that has been uprooted, blown down, is lying on the ground, or that
remains standing and is damaged beyond the point of recovery as the result of a storm event.
STREAM — A free-flowing body of water from the outlet of a great pond or the confluence of two
perennial streams as depicted on the most recent, highest-resolution version of the national hydrography
dataset available from the United States Geological Survey on the website of the United States Geological
Survey or the national map to the point where the stream becomes a river or where the stream meets the
shoreland zone of another water body or wetland. When a stream meets the shoreland zone of a water body
or wetland and a channel forms downstream of the water body or wetland as an outlet, that channel is also
a stream.
STRUCTURE — Anything temporarily or permanently located, built, constructed or erected for the
support, shelter or enclosure of persons, animals, goods or property of any kind or anything constructed
or erected on or in the ground. The term includes structures temporarily or permanently located, such as
decks, patios, and satellite dishes. Structure does not include fences; poles and wiring and other aerial
equipment normally associated with service drops, including guy wires and guy anchors; subsurface
wastewater disposal systems as defined in 30-A M.R.S.A. § 4201, Subsection 5; geothermal heat exchange
wells as defined in 32 M.R.S.A. § 4700-E, Subsection 3-C; or wells or water wells as defined in 32
M.R.S.A. § 4700-E, Subsection 8.
SUBSTANTIAL START — Completion of 30% of a permitted structure or use measured as a percentage
of estimated total cost.
SUBSURFACE SEWAGE DISPOSAL SYSTEM — Any system designed to dispose of waste or
wastewater on or beneath the surface of the earth; includes, but is not limited to: septic tanks; disposal
fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism,
or apparatus used for those purposes; does not include any discharge system licensed under 38 M.R.S.A.
§ 414, any surface wastewater disposal system, or any municipal or quasi-municipal sewer or wastewater
treatment system.

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City of Westbrook, ME

§ 335-8.17 WESTBROOK CODE § 335-8.17

SUSTAINED SLOPE — A change in elevation where the referenced percent grade is substantially
maintained or exceeded throughout the measured area.
TIDAL WATERS — All waters affected by tidal action during the highest annual tide.
TIMBER HARVESTING — The cutting and removal of timber for the primary purpose of selling or
processing forest products. Timber harvesting does not include the cutting or removal of vegetation within
the shoreland zone when associated with any other land use activities. The cutting or removal of trees in
the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered
timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 335-8.15P, Clearing or
removal of vegetation for activities other than timber harvesting.
TRAIL SPUR — A pathway extending toward the shoreline from a primary nonmotorized trail. Such
pathways shall extend, generally, perpendicular from the primary trail but shall be constructed as a winding
pathway.
TREE — A woody perennial plant with a well-defined trunk(s) at least two inches in diameter at 4.5 feet
above the ground, with a more or less definite crown, and reaching a height of at least 10 feet at maturity.
TRIBUTARY STREAM — A channel between defined banks created by the action of surface water,
which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil,
containing waterborne deposits or exposed soil, parent material or bedrock, and which is connected
hydrologically with other water bodies. Tributary stream does not include rills or gullies forming because
of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human
activity. This definition does not include the term "stream" as defined elsewhere in this article, and only
applies to that portion of the tributary stream located within the shoreland zone of the receiving water body
or wetland.
UPLAND EDGE OF A WETLAND — The boundary between upland and wetland. For purposes of a
coastal wetland, this boundary is the line formed by the landward limits of the salt tolerant vegetation and/
or the highest annual tide level, including all areas affected by tidal action. For purposes of a freshwater
wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support
wetland vegetation, or where the soils support the growth of wetland vegetation, but such vegetation is
dominated by woody stems that are six meters (approximately 20 feet) tall or taller.
VEGETATION — All live trees, shrubs, and other plants, including, without limitation, trees both over
and under four inches in diameter, measured at 4 1/2 feet above ground level.
VELOCITY ZONE — An area of special flood hazard extending from offshore to the inland limit of the
primary frontal dune along an open coast and any other area subject to high velocity wave action from
storms or seismic sources.
VOLUME OF A STRUCTURE — The volume of all portions of a structure enclosed by roof and fixed
exterior walls as measured from the exterior faces of these walls and roof.
WATER BODY — Any great pond, river or stream.
WATER CROSSING — Any project extending from one bank to the opposite bank of a river, stream,
tributary stream, or wetland whether under, through, or over the water or wetland. Such projects include
but may not be limited to roads, fords, bridges, culverts, waterlines, sewer lines, and cables as well as
maintenance work on these crossings. This definition includes crossings for timber harvesting equipment
and related activities.
WETLAND — A freshwater or coastal wetland.
WOODY VEGETATION — Live trees or woody, nonherbaceous shrubs.

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City of Westbrook, ME

§ 335-9.1 LAND USE § 335-9.3

ARTICLE IX
Floodplain Management
[Amended 12-13-2004 ; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 335-9.1. Purpose and establishment.

A. Certain areas of the City of Westbrook, Maine, are subject to periodic flooding, causing serious
damages to properties within these areas. Relief is available in the form of flood insurance as
authorized by the National Flood Insurance Act of 1968.

B. Therefore, the City of Westbrook, Maine, has chosen to become a participating community in the
National Flood Insurance Program and agrees to comply with the requirements of the National Flood
Insurance Act of 1968 (P.L. 90-488, as amended) as delineated in this article.

C. It is the intent of the City of Westbrook, Maine, to require the recognition and evaluation of flood
hazards in all official actions relating to land use in the floodplain areas having special flood hazards.

D. The City of Westbrook has the legal authority to adopt land use and control measures to reduce future
flood losses pursuant to 30-A M.R.S.A. §§ 3001 to 3007, 4352, and 4401 to 4407 and 38 M.R.S.A.
§ 440.

E. The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the
City of Westbrook having a special flood hazard be identified by the Federal Emergency Management
Agency and that floodplain management measures be applied in such flood hazard areas. This article
establishes a flood hazard development permit system and review procedure for development
activities in the designated flood hazard areas of the City of Westbrook, Maine.

F. The areas of special flood hazard, Zones A and A1-30, for the City of Westbrook, Maine, are
identified by the Federal Emergency Management Agency in a report titled "Flood Insurance Study,
Westbrook, Maine" dated July 2, 1980, which report, with accompanying Flood Insurance Rate Map
dated January 2, 1981, and Flood Boundary and Floodway Map dated January 2, 1981, is hereby
adopted by reference and declared to be a part of this article.

§ 335-9.2. Permit required.

Before any construction or other development (as defined in § 335-9.13), including the placement of
manufactured homes, begins within any areas of special flood hazard established in § 335-9.1, a flood
hazard development permit shall be obtained from the Code Enforcement Officer. This permit shall be in
addition to any other permits which may be required pursuant to the codes and ordinances of the City of
Westbrook, Maine.

§ 335-9.3. Application for permit.

The application for a flood hazard development permit shall be submitted to the Code Enforcement Officer
and shall include:

A. The name, address, and phone number of the applicant, owner, and contractor;

B. An address and a map indicating the location of the construction site;

C. A site plan showing location of existing and/or proposed development, including but not limited to
structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and lot

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City of Westbrook, ME

§ 335-9.3 WESTBROOK CODE § 335-9.3

dimensions;

D. A statement of the intended use of the structure and/or development;

E. A statement of the cost of the development, including all materials and labor;

F. A statement as to the type of sewage system proposed;

G. Specification of dimensions of the proposed structure and/or development;

[Subsections H to K(2) apply only to new construction and substantial improvements.]

H. The elevation in relation to the National Geodetic Vertical Datum (NGVD), North American Vertical
Datum (NAVD), or to a locally established datum in Zone A only of the:

(1) Base flood at the proposed site of all new or substantially improved structures, which is
determined:

(a) In Zones A1-30, from data contained in the Flood Insurance Study, City of Westbrook,
Maine, as described in § 335-9.1; or

(b) In Zone A:

[1] From any base flood elevation data from federal, state, or other technical sources
(such as FEMA's Quick-2 model, FEMA 265), including information obtained
pursuant to §§ 335-9.6K and 335-9.8D; or

[2] In the absence of all data described in Subsection H(1)(b)[1], information to

demonstrate that the structure shall meet the elevation requirement in
§ 335-9.6F(2)(b), G(2)(a) or (b) or H(2)(b);

(2) Highest and lowest grades at the site adjacent to the walls of the proposed building;

(3) Lowest floor, including basement, and whether or not such structures contain a basement; and

(4) Level, in the case of nonresidential structures only, to which the structure will be floodproofed;

I. A description of an elevation reference point established on the site of all developments for which
elevation standards apply as required in § 335-9.6;

J. A written certification by a professional land surveyor, licensed professional engineer or architect that
the base flood elevation and grade elevations shown on the application are accurate;

K. The following certifications as required in § 335-9.6 by a licensed professional engineer or architect:

(1) A floodproofing certificate (FEMA Form 81-65, as amended) to verify that the floodproofing
methods for any nonresidential structures will meet the floodproofing criteria of § 335-9.6G and
other applicable standards in § 335-9.6;

(2) A hydraulic openings certificate to verify that engineered hydraulic openings in foundation
walls will meet the standards of § 335-9.6L(2)(a);

(3) A certified statement that bridges will meet the standards of § 335-9.6M; and

(4) A certified statement that containment walls will meet the standards of § 335-9.6N;

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City of Westbrook, ME

§ 335-9.3 LAND USE § 335-9.5

L. A description of the extent to which any watercourse will be altered or relocated as a result of the
proposed development; and

M. A statement of construction plans describing in detail how each applicable development standard in
§ 335-9.6 will be met.

§ 335-9.4. Application fee and expert's fee.

A. A nonrefundable application fee as set forth in Chapter A400, Master Fee Schedule, shall be paid to
the Code Enforcement Officer and a copy of a receipt for the same shall accompany the application.

B. An additional fee may be charged if the Code Enforcement Officer, Planning Board, and/or Board of
Appeals needs the assistance of a professional engineer or other expert. The expert's fee shall be paid
in full by the applicant within 10 days after the City submits a bill to the applicant. Failure to pay the
bill shall constitute a violation of this article and be grounds for the issuance of a stop-work order. An
expert shall not be hired by the municipality at the expense of an applicant until the applicant has
either consented to such hiring in writing or been given an opportunity to be heard on the subject. An
applicant who is dissatisfied with a decision to hire expert assistance may appeal that decision to the
Board of Appeals.

§ 335-9.5. Review standards for flood hazard development permit applications.

The Code Enforcement Officer shall:

A. Review all applications for the flood hazard development permit to assure that proposed
developments are reasonably safe from flooding and to determine that all pertinent requirements of
§ 335-9.6 (Development standards) have been or will be met.

B. Utilize, in the review of all flood hazard development permit applications, the base flood and
floodway data contained in the Flood Insurance Study, City of Westbrook, Maine, as described in
§ 335-9.1.

(1) In special flood hazard areas where base flood elevation and floodway data are not provided,
the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood
elevation and floodway data from federal, state, or other technical sources, including
information obtained pursuant to § 335-9.3H(1)(b)[1], 335-9.6K and 335-9.8D in order to
administer § 335-9.6 of this article.

(2) When the community establishes a base flood elevation in a Zone A by methods outlined in
§ 335-9.3H(1)(b)[1], the community shall submit that data to the Maine Floodplain
Management Program.

C. Make interpretations of the location of boundaries of special flood hazard areas shown on the maps
described in § 335-9.1 of this article.

D. In the review of flood hazard development permit applications, determine that all necessary permits
have been obtained from those federal, state, and local government agencies from which prior
approval is required by federal or state law, including but not limited to Section 404 of the Federal
Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1344.

E. Notify adjacent municipalities, the Department of Environmental Protection, and the Maine
Floodplain Management Program prior to any alteration or relocation of a watercourse and submit
copies of such notifications to the Federal Emergency Management Agency.

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City of Westbrook, ME

§ 335-9.5 WESTBROOK CODE § 335-9.6

F. If the application satisfies the requirements of this article, approve the issuance of one of the
following flood hazard development permits based on the type of development:

(1) A two-part flood hazard development permit for elevated structures. Part I shall authorize the
applicant to build a structure to and including the first horizontal floor only above the base flood
level. At that time the applicant shall provide the Code Enforcement Officer with an "under
construction" elevation certificate completed by a professional land surveyor, licensed
professional engineer or architect based on the Part I permit construction, for verifying
compliance with the elevation requirements of § 335-9.6F, G or H. Following review of the
elevation certificate data, which shall take place within 72 hours of receipt of the application,
the Code Enforcement Officer shall issue Part II of the flood hazard development permit. Part
II shall authorize the applicant to complete the construction project;

(2) A flood hazard development permit for floodproofing of nonresidential structures that are new
construction or substantially improved nonresidential structures that are not being elevated but
that meet the floodproofing standards of § 335-9.6G(1)(a), (b) and (c). The application for this
permit shall include a floodproofing certificate signed by a licensed professional engineer or
architect; or

(3) A flood hazard development permit for minor development for all development that is not new
construction or a substantial improvement, such as repairs, maintenance, renovations, or
additions, whose value is less than 50% of the market value of the structure. Minor development
also includes, but is not limited to, accessory structures as provided for in § 335-9.6J, mining,
dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or
materials, deposition or extraction of materials, public or private sewage disposal systems or
water supply facilities that do not involve structures, and nonstructural projects such as bridges,
dams, towers, fencing, pipelines, wharves, and piers.

G. Maintain, as a permanent record, copies of all flood hazard development permit applications,
corresponding permits issued, and data relevant thereto, including reports of the Board of Appeals on
variances granted under the provisions of § 335-9.9 of this article, and copies of elevation certificates,
floodproofing certificates, certificates of compliance, and certifications of design standards required
under the provisions of §§ 335-9.3, 335-9.6 and 335-9.7 of this article.

§ 335-9.6. Development standards.

All developments in areas of special flood hazard shall meet the following applicable standards:

A. All development. All development shall:

(1) Be designed or modified and adequately anchored to prevent flotation (excluding piers and
docks), collapse or lateral movement of the development resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy;

(2) Use construction materials that are resistant to flood damage;

(3) Use construction methods and practices that will minimize flood damage; and

(4) Use electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service
facilities that are designed and/or located to prevent water from entering or accumulating within
the components during flooding conditions.

B. Water supply. All new and replacement water supply systems shall be designed to minimize or

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City of Westbrook, ME

§ 335-9.6 LAND USE § 335-9.6

eliminate infiltration of floodwaters into the systems.

C. Sanitary sewage systems. All new and replacement sanitary sewage systems shall be designed and
located to minimize or eliminate infiltration of floodwaters into the system and discharges from the
system into floodwaters.

D. On-site waste disposal systems. On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during floods.

E. Watercourse carrying capacity. All development associated with altered or relocated portions of a
watercourse shall be constructed and maintained in such a manner that no reduction occurs in the
flood-carrying capacity of the watercourse.

F. Residential. New construction or substantial improvement of any residential structure located within:

(1) Zones A1-30 shall have the lowest floor (including basement) elevated to at least one foot above
the base flood elevation.

(2) Zone A shall have the lowest floor (including basement) elevated:

(a) To at least one foot above the base flood elevation utilizing information obtained pursuant
to § 335-9.3H(1)(b)[1], 335-9.5B or 335-9.8D; or

(b) In the absence of all data described in Subsection F(2)(a), to at least two feet above the
highest adjacent grade to the structure.

G. Nonresidential. New construction or substantial improvement of any nonresidential structure located

within:

(1) Zones A1-30 shall have the lowest floor (including basement) elevated to at least one foot above
the base flood elevation or, together with attendant utility and sanitary facilities, shall:

(a) Be floodproofed to at least one foot above the base flood elevation so that below that
elevation the structure is watertight with walls substantially impermeable to the passage of
water;

(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy; and

(c) Be certified by a licensed professional engineer or architect that the floodproofing design
and methods of construction are in accordance with accepted standards of practice for
meeting the provisions of this section. Such certification shall be provided with the
application for a flood hazard development permit, as required by § 335-9.3K, and shall
include a record of the elevation above mean sea level to which the structure is
floodproofed.

(2) Zone A shall have the lowest floor (including basement) elevated:

(a) To at least one foot above the base flood elevation utilizing information obtained pursuant
to § 335-9.3H(1)(b)[1], 335-9.5B or 335-9.8D; or

(b) In the absence of all data described in Subsection G(2)(a), to at least two feet above the
highest adjacent grade to the structure; or

(c) Together with attendant utility and sanitary facilities, meet the floodproofing standards of

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City of Westbrook, ME

§ 335-9.6 WESTBROOK CODE § 335-9.6

Subsection G(1)(a), (b) and (c).

H. Manufactured homes. New or substantially improved manufactured homes located within:

(1) Zones A1-30 shall:

(a) Be elevated such that the lowest floor (including basement) of the manufactured home is
at least one foot above the base flood elevation;

(b) Be on a permanent foundation, which may be poured masonry slab or foundation walls,
with hydraulic openings, or may be reinforced piers or block supports, any of which
support the manufactured home so that no weight is supported by its wheels and axles; and

(c) Be securely anchored to an adequately anchored foundation system to resist flotation,

collapse, or lateral movement.

[1] Methods of anchoring may include but are not limited to:

[a] Over-the-top ties anchored to the ground at the four corners of the
manufactured home, plus two additional ties per side at intermediate points
(manufactured homes less than 50 feet long require one additional tie per side);
or

[b] Frame ties at each corner of the home, plus five additional ties along each side
at intermediate points (manufactured homes less than 50 feet long require four
additional ties per side).

[2] All components of the anchoring system described in Subsection H(1)(c)[1][a] and
[b] shall be capable of carrying a force of 4,800 pounds.

(2) Zone A shall:

(a) Be elevated on a permanent foundation, as described in Subsection H(1)(b), such that the
lowest floor (including basement) of the manufactured home is at least one foot above the
base flood elevation utilizing information obtained pursuant to § 335-9.3H(1)(b)[1],
335-9.5B or 335-9.8D; or

(b) In the absence of all data as described in Subsection H(2)(a), be elevated to at least two
feet above the highest adjacent grade to the structure; and

(c) Meet the anchoring requirements of Subsection H(1)(c).

I. Recreational vehicles. Recreational vehicles located within Zones A and A1-30 shall either be on the
site for fewer than 180 consecutive days and be fully licensed and ready for highway use or be
permitted in accordance with the elevation and anchoring requirements for manufactured homes in
§ 335-9.6H(1). A recreational vehicle is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick-disconnect-type utilities and security devices, and has no
permanently attached additions.

J. Accessory structures. Accessory structures, as defined in § 335-9.13, located within Zones A and
A1-30 shall be exempt from the elevation criteria required in § 335-9.6F and G above if all other
requirements of § 335-9.6 and all the following requirements are met. Accessory structures shall:

(1) Have unfinished interiors and not be used for human habitation;

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City of Westbrook, ME

§ 335-9.6 LAND USE § 335-9.6

(2) Have hydraulic openings, as specified in § 335-9.6L(2), in at least two different walls of the
accessory structure;

(3) Be located outside the floodway;

(4) When possible be constructed and placed on the building site to offer the minimum resistance
to the flow of floodwaters and be placed further from the source of flooding than is the primary
structure; and

(5) Have only ground fault interrupt electrical outlets. The electric service disconnect shall be
located above the base flood elevation and when possible outside the special flood hazard area.

K. Floodways.

(1) In Zone A1-30 riverine areas, encroachments, including fill, new construction, substantial
improvement, and other development, shall not be permitted within a regulatory floodway
which is designated on the community's Flood Boundary and Floodway Map unless a technical
evaluation certified by a licensed professional engineer is provided demonstrating that such
encroachments will not result in any increase in flood levels within the community during the
occurrence of the base flood discharge.

(2) In Zone A and A1-30 riverine areas for which no regulatory floodway is designated,
encroachments, including fill, new construction, substantial improvement, and other
development, shall not be permitted in the floodway as determined in Subsection K(3) unless a
technical evaluation certified by a licensed professional engineer is provided demonstrating that
the cumulative effect of the proposed development, when combined with all other existing
development and anticipated development:

(a) Will not increase the water surface elevation of the base flood more than one foot at any
point within the community; and

(b) Is consistent with the technical criteria contained in FEMA's guidelines and standards for
flood risk analysis and mapping.

(3) In Zone A and A1-30 riverine areas for which no regulatory floodway is designated, the
regulatory floodway is determined to be the channel of the river or other watercourse and the
adjacent land areas to a distance of 1/2 the width of the floodplain as measured from the normal
high-water mark to the upland limit of the floodplain.

L. Enclosed areas below the lowest floor. New construction or substantial improvement of any structure
in Zones A and A1-30 that meets the development standards of § 335-9.6, including the elevation
requirements of § 335-9.6F, G or H, and is elevated on posts, columns, piers, piles, or crawl spaces
may be enclosed below the base flood elevation requirements provided all the following criteria are
met or exceeded:

(1) Enclosed areas are not basements as defined in § 335-9.13;

(2) Enclosed areas shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement
must either:

(a) Be engineered and certified by a licensed professional engineer or architect; or

(b) Meet or exceed the following minimum criteria:

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City of Westbrook, ME

§ 335-9.6 WESTBROOK CODE § 335-9.7

[1] A minimum of two openings having a total net area of not less than one square inch
for every square foot of the enclosed area shall be provided;

[2] The bottom of all openings shall be below the base flood elevation and no higher
than one foot above the lowest grade; and

[3] Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the entry and exit of floodwaters automatically
without any external influence or control such as human intervention, including the
use of electrical and other non-automatic mechanical means;

(3) The enclosed area shall not be used for human habitation; and

(4) The enclosed areas are usable solely for building access, parking of vehicles, or storage.

M. Bridges. New construction or substantial improvement of any bridge in Zones A and A1-30 shall be
designed such that:

(1) When possible, the lowest horizontal member (excluding the pilings or columns) is elevated to
at least one foot above the base flood elevation; and

(2) A licensed professional engineer shall certify that:

(a) The structural design and methods of construction shall meet the elevation requirements
of this section and the floodway standards of § 335-9.6K; and

(b) The foundation and superstructure attached thereto are designed to resist flotation, collapse
and lateral movement due to the effects of wind and water loads acting simultaneously on
all structural components. Water loading values used shall be those associated with the
base flood.

N. Containment walls. New construction or substantial improvement of any containment wall located
within Zones A and A1-30 shall:

(1) Have the containment wall elevated to at least one foot above the base flood elevation;

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and the
effects of buoyancy; and

(3) Be certified by a licensed professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting the provisions of
this section. Such certification shall be provided with the application for a flood hazard
development permit, as required by § 335-9.3K.

O. Wharves, piers and docks. New construction or substantial improvement of wharves, piers, and docks
is permitted in Zones A and A1-30, in and over water and seaward of mean high tide, if the following
requirements are met:

(1) Wharves, piers, and docks shall comply with all applicable local, state, and federal regulations;
and

(2) For commercial wharves, piers, and docks, a licensed professional engineer shall develop or
review the structural design, specifications, and plans for the construction.

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City of Westbrook, ME

§ 335-9.7 LAND USE § 335-9.9

§ 335-9.7. Certificate of compliance.

No land in a special flood hazard area shall be occupied or used and no structure which is constructed
or substantially improved shall be occupied until a certificate of compliance is issued by the Code
Enforcement Officer subject to the following provisions:

A. For new construction or substantial improvement of any elevated structure the applicant shall submit
to the Code Enforcement Officer an elevation certificate completed by a professional land surveyor,
licensed professional engineer, or architect, for compliance with § 335-9.6F, G or H.

B. The applicant shall submit written notification to the Code Enforcement Officer that the development
is complete and complies with the provisions of this article.

C. Within 10 working days, the Code Enforcement Officer shall:

(1) Review the elevation certificate and the applicant's written notification; and

(2) Upon determination that the development conforms to the provisions of this article, shall issue
a certificate of compliance.

§ 335-9.8. Review of subdivision and development proposals.

The Planning Board shall, when reviewing subdivisions and other proposed developments that require
review under other federal law, state law or local ordinances or regulations and all projects on five or more
disturbed acres, or in the case of manufactured home parks divided into two or more lots, assure that:

A. All such proposals are consistent with the need to minimize flood damage.

B. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and
constructed to minimize or eliminate flood damages.

C. Adequate drainage is provided to reduce exposure to flood hazards.

D. All proposals include base flood elevations, flood boundaries, and, in a riverine floodplain, floodway
data. These determinations shall be based on engineering practices recognized by the Federal
Emergency Management Agency.

E. Any proposed development plan must include a condition of plan approval requiring that structures
on any lot in the development having any portion of its land within a special flood hazard area are to
be constructed in accordance with § 335-9.6 of this article. Such requirement will be included in any
deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer
any interest in real estate or structure, including but not limited to a time-share interest. The condition
shall clearly articulate that the municipality may enforce any violation of the construction requirement
and that fact shall also be included in the deed or any other document previously described. The
construction requirement shall also be clearly stated on any map, plat, or plan to be signed by the
Planning Board or local reviewing authority as part of the approval process.

§ 335-9.9. Appeals and variances.

A. The Board of Appeals of the City of Westbrook may, upon written application of an aggrieved party,
hear and decide appeals where it is alleged that there is an error in any order, requirement, decision,
or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in
the administration or enforcement of the provisions of this article.

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City of Westbrook, ME

§ 335-9.9 WESTBROOK CODE § 335-9.9

B. The Board of Appeals may grant a variance from the requirements of this article consistent with state
law and the following criteria:

(1) Variances shall not be granted within any designated regulatory floodway if any increase in
flood levels during the base flood discharge would result.

(2) Variances shall be granted only upon:

(a) A showing of good and sufficient cause;

(b) A determination that should a flood comparable to the base flood occur, the granting of a
variance will not result in increased flood heights, additional threats to public safety, or
public expense, or create nuisances, cause fraud or victimization of the public or conflict
with existing local laws or ordinances;

(c) A showing that the issuance of the variance will not conflict with other state, federal, or
local laws or ordinances; and

(d) A determination that failure to grant the variance would result in undue hardship, which in
this subsection means:

[1] That the land in question cannot yield a reasonable return unless a variance is
granted;

[2] That the need for a variance is due to the unique circumstances of the property and
not to the general conditions in the neighborhood;

[3] That the granting of a variance will not alter the essential character of the locality;
and

[4] That the hardship is not the result of action taken by the applicant or a prior owner.

(3) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief, and the Board of Appeals may impose such
conditions to a variance as it deems necessary.

(4) Variances may be issued for new construction, substantial improvements, or other development
for the conduct of a functionally dependent use provided that:

(a) Other criteria of this section and § 335-9.6K are met; and

(b) The structure or other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety.

(5) Variances may be issued for the repair, reconstruction, rehabilitation, or restoration of historic
structures upon the determination that:

(a) The development meets the criteria of Subsection B(1)through (4) above; and

(b) The proposed repair, reconstruction, rehabilitation, or restoration will not preclude the
structure's continued designation as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.

C. Any applicant who meets the criteria of Subsection B(1) through (5) shall be notified by the Board of
Appeals in writing over the signature of the Chair of the Board of Appeals that:

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City of Westbrook, ME

§ 335-9.9 LAND USE § 335-9.10

(1) The issuance of a variance to construct a structure below the base flood level will result in
greatly increased premium rates for flood insurance up to amounts as high as $25 per $100 of
insurance coverage;

(2) Such construction below the base flood level increases risks to life and property; and

(3) The applicant agrees in writing that the applicant is fully aware of all the risks inherent in the
use of land subject to flooding, assumes those risks and agrees to indemnify and defend the
municipality against any claims filed against it that are related to the applicant's decision to use
land located in a floodplain and that the applicant individually releases the municipality from
any claims the applicant may have against the municipality that are related to the use of land
located in a floodplain.

D. Appeal procedure for administrative and variance appeals.

(1) An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved
party within 30 days after receipt of a written decision of the Code Enforcement Officer or
Planning Board.

(2) Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as
appropriate, shall transmit to the Board of Appeals all the papers constituting the record of the
decision appealed from.

(3) The Board of Appeals shall hold a public hearing on the appeal within 35 days of its receipt of
an appeal request.

(4) The person filing the appeal shall have the burden of proof.

(5) The Board of Appeals shall decide all appeals within 35 days after the close of the hearing and
shall issue a written decision on all appeals.

(6) The Board of Appeals shall submit to the Code Enforcement Officer a report of all variance
actions, including justification for the granting of the variance, and an authorization for the Code
Enforcement Officer to issue a flood hazard development permit which includes any conditions
to be attached to said permit.

(7) Any aggrieved party who participated as a party during the proceedings before the Board of
Appeals may take an appeal to Superior Court in accordance with state laws within 45 days
from the date of any decision of the Board of Appeals.

(8) All standards of § 335-15.3 shall apply to any appeal of this article.

§ 335-9.10. Enforcement; violations and penalties.

A. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this article pursuant
to 30-A M.R.S.A. § 4452.

B. The penalties contained in 30-A M.R.S.A. § 4452 shall apply to any violation of this article.

C. In addition to any other actions, the Code Enforcement Officer, upon determination that a violation
exists, may submit a declaration to the Administrator of the Federal Insurance Administration
requesting a denial of flood insurance. The valid declaration shall consist of:

(1) The name of the property owner and address or legal description of the property sufficient to

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City of Westbrook, ME

§ 335-9.10 WESTBROOK CODE § 335-9.13

confirm its identity or location;

(2) A clear and unequivocal declaration that the property is in violation of a cited state or local law,
regulation, or ordinance;

(3) A clear statement that the public body making the declaration has authority to do so and a
citation to that authority;

(4) Evidence that the property owner has been provided notice of the violation and the prospective
denial of insurance; and

(5) A clear statement that the declaration is being submitted pursuant to Section 1316 of the
National Flood Insurance Act of 1968, as amended.

§ 335-9.11. Validity and severability.

If any section or provision of this article is declared by the courts to be invalid, such decision shall not
invalidate any other section or provision of this article.

§ 335-9.12. Conflict with other provisions.

This article shall not in any way impair or remove the necessity of compliance with any other applicable
rule, ordinance, regulation, bylaw, permit, or provision of law. Where this article imposes a greater
restriction upon the use of land, buildings, or structures, the provisions of this article shall control.

§ 335-9.13. Definitions.

Unless specifically defined below, words and phrases used in this article shall have the same meaning
as they have at common law and to give this article its most reasonable application. Words used in the
present tense include the future, the singular number includes the plural, and the plural number includes
the singular. The word "may" is permissive; "shall" is mandatory and not discretionary.
100-YEAR FLOOD — See "base flood."
ACCESSORY STRUCTURE — A small detached structure that is incidental and subordinate to the
principal structure.
ADJACENT GRADE — The natural elevation of the ground surface prior to construction next to the
proposed walls of a structure.
AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain having a one-percent or greater
chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in
§ 335-9.1 of this article.
BASE FLOOD — The flood having a one-percent chance of being equaled or exceeded in any given year,
commonly called the "100-year flood."
BASEMENT — Any area of the building having its floor subgrade (below ground level) on all sides.
BUILDING — See "structure."
CERTIFICATE OF COMPLIANCE — A document signed by the Code Enforcement Officer stating that
a structure is in compliance with all the provisions of this article.
CODE ENFORCEMENT OFFICER — A person certified under 30-A M.R.S.A. § 4451 (including
exceptions in Subsection 1 of § 4451) and employed by a municipality to enforce all applicable

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City of Westbrook, ME

§ 335-9.13 LAND USE § 335-9.13

comprehensive planning and land use laws and ordinances.

DEVELOPMENT — Any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling
operations or storage of equipment or materials.
ELEVATED BUILDING — A non-basement building built, in the case of a building in Zone A or A1-30,
to have the top of the elevated floor elevated above the ground level by means of pilings, columns, posts,
piers, or shear walls and adequately anchored so as not to impair the structural integrity of the building
during a flood of up to one foot above the magnitude of the base flood. In the case of Zone A or A1-30,
"elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls
with hydraulic openings sufficient to facilitate the unimpeded movement of floodwaters, as required in
§ 335-9.6L.
ELEVATION CERTIFICATE — An official form (FEMA Form 81-31, as amended) that:

A. Is used to verify compliance with the floodplain management regulations of the National Flood
Insurance Program; and

B. Is required for purchasing flood insurance.

FLOOD ELEVATION STUDY — An examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations.
FLOOD INSURANCE RATE MAP (FIRM) — An official map of a community on which the Federal
Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable
to the community.
FLOOD INSURANCE STUDY — See "Flood Elevation Study."
FLOOD or FLOODING —

A. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or
by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection
A(1) of this definition.
FLOODPLAIN MANAGEMENT — The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans, flood
control works, and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS — Zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading
ordinance, and erosion control ordinance) and other applications of police power. The term describes such
state or local regulations, in any combination thereof, which provide standards for the purpose of flood
damage prevention and reduction.
FLOODPLAIN or FLOOD-PRONE AREA — Any land area susceptible to being inundated by water from
any source (see "flooding").

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City of Westbrook, ME

§ 335-9.13 WESTBROOK CODE § 335-9.13

FLOODPROOFING — Any combination of structural and nonstructural additions, changes, or

adjustments to structures which reduce or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and contents.
FLOODWAY — See "regulatory floodway."
FLOODWAY ENCROACHMENT LINES — The lines marking the limits of floodways on federal, state,
and local floodplain maps.
FREEBOARD — A factor of safety usually expressed in feet above a flood level for purposes of floodplain
management. Freeboard tends to compensate for the many unknown factors, such as wave action, bridge
openings, and the hydrological effect of urbanization of the watershed, that could contribute to flood
heights greater than the height calculated for a selected size flood and floodway conditions.
FUNCTIONALLY DEPENDENT USE — A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair
facilities, but does not include long-term storage or related manufacturing facilities.
HISTORIC STRUCTURE — Any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary of
the Interior to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs
which have been approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation
programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or

(2) Directly by the Secretary of the Interior in states without approved programs.
LOCALLY ESTABLISHED DATUM — For purposes of this article, an elevation established for a
specific site to which all other elevations at the site are referenced. This elevation is generally not
referenced to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD),
or any other established datum and is used in areas where mean sea level data is too far from a specific site
to be practically used.
LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). An unfinished or
flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other
than a basement area is not considered a building's lowest floor, provided that such enclosure is not built
so as to render the structure in violation of the applicable non-elevation design requirements described in
§ 335-9.6L of this article.
MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes the term "manufactured home" also includes park
trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

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City of Westbrook, ME

§ 335-9.13 LAND USE § 335-9.13

MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land

divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL — For purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD), or other datum to which base
flood elevations shown on a community's Flood Insurance Rate Map are referenced.
MINOR DEVELOPMENT — All development that is not new construction or a substantial improvement,
such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market
value of the structure. It also includes, but is not limited to, accessory structures as provided for in
§ 335-9.6J, mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment
or materials, deposition or extraction of materials, public or private sewage disposal systems or water
supply facilities that do not involve structures, and nonstructural projects such as bridges, dams, towers,
fencing, pipelines, wharves, and piers.
NATIONAL GEODETIC VERTICAL DATUM (NGVD) — The national vertical datum, whose standard
was established in 1929, which is used by the National Flood Insurance Program (NFIP). NGVD was based
upon mean sea level in 1929 and also has been called "1929 mean sea level (MSL)."
NEW CONSTRUCTION — Structures for which the start of construction commenced on or after the
effective date of the initial floodplain management regulations adopted by a community, and includes any
subsequent improvements to such structures.
NORTH AMERICAN VERTICAL DATUM (NAVD) — The national datum whose standard was
established in 1988, which is the new vertical datum used by the National Flood Insurance Program (NFIP)
for all new Flood Insurance Rate Maps. NAVD is based upon vertical datum used by other North American
countries such as Canada and Mexico and was established to replace NGVD because of constant movement
of the earth's crust, glacial rebound and subsidence, and the increasing use of satellite technology.
RECREATIONAL VEHICLE — A vehicle which is:

A. Built on a single chassis;

B. Four hundred square feet or less when measured at the largest horizontal projection, not including
slideouts;

C. Designed to be self-propelled or permanently towable by a motor vehicle; and

D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY —

A. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively increasing the water surface elevation more than
one foot; and

B. When not designated on the community's Flood Insurance Rate Map, it is considered to be the
channel of a river or other watercourse and the adjacent land areas to a distance of 1/2 the width of
the floodplain, as measured from the normal high-water mark to the upland limit of the floodplain.
RIVERINE — Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SPECIAL FLOOD HAZARD AREA — See "area of special flood hazard."
START OF CONSTRUCTION — The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other

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City of Westbrook, ME

§ 335-9.13 WESTBROOK CODE § 335-9.14

improvement was within 180 days of the permit date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of
a manufactured home on a foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does
it include excavation for basement, footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, or
modification of any construction element, whether or not that alteration affects the external dimensions of
the building.
STRUCTURE — For floodplain management purposes, a walled and roofed building. A gas or liquid
storage tank that is principally above ground is also a structure.
SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damage condition would equal or exceed 50% of the market value of
the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start
of construction of the improvement. This term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not, however, include either:

A. Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions; or

B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure, and a variance is obtained from the community's Board
of Appeals.
VARIANCE — A grant of relief by a community from the terms of a floodplain management regulation.
VIOLATION — The failure of a structure or development to comply with a community's floodplain
management regulations.

§ 335-9.14. Abrogation.

This article repeals and replaces any municipal ordinance previously enacted to comply with the National
Flood Insurance Act of 1968 (P.L. 90-488, as amended).

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City of Westbrook, ME

§ 335-10.1 LAND USE § 335-10.3

ARTICLE X
Signs
[Amended in its entirety 8-3-2020 by Ord. No. 2020-78 ]

§ 335-10.1. Purpose.

A sign or advertising device of any nature may not be erected on or affixed to any building except as
specifically permitted by Article X.

§ 335-10.2. Application process.

A. Permit required. Except as otherwise provided herein, a sign or advertising device of any nature may
not be erected on a lot or affixed to the exterior of any building or structure without first obtaining a
sign permit from the Code Enforcement Officer (CEO).

B. Computation of area. The area of a sign is determined by connecting the exterior points of the
signboard or display elements, whichever is larger. It must include any open space between display
elements. Display elements include letters, words, trademarks, medallions, symbols, and other
devices intended to advertise or indicate the name of the premises, products or services available.

C. Submission requirements.

(1) All permit applications shall include a color drawing showing all sign dimensions and building
dimensions as necessary, types of materials, wording, colors to be used, along with any
proposed illumination, and a visual depiction of where the sign would be located on the site.

(2) Day and night renderings for illuminated signs may be required.

(3) A fee shall be assessed for the review and administration of all sign permits as set forth in
Chapter A400, Master Fee Schedule.

D. Permit decision. Once the CEO is in receipt of a complete application, the CEO shall approve,
approved with conditions, or deny the application.

(1) The applicant can proceed with sign installation once the Code Enforcement Officer has issued
the sign permit.

(2) Applicant shall contact the Code Enforcement Office once sign is install for verification by CEO
that sign was installed per approved plans.

§ 335-10.3. General provisions.

A. Location/setback. A sign requiring a sign permit shall be set back a minimum of 1/2 the minimum
yard depth of the underlying zoning district.

B. Illumination. In all districts, a lighting fixture that directly or indirectly illuminates a sign must be
designed so that the light source itself is shielded from view and does not shine directly into the right-
of-way or onto adjacent properties. This does not apply to signs illuminated by neon or illuminated
tube type signs.

C. Highway guide signs. The City of Westbrook or the Westbrook/Gorham Community Chamber of
Commerce may erect a guide sign on each entrance to Westbrook. Each sign must be placed so as to
be in view only from Routes 302, 25, and 22, Spring Street, and Stroudwater Street. Maximum size

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City of Westbrook, ME

§ 335-10.3 WESTBROOK CODE § 335-10.3

shall be 10 feet by 20 feet, with directions focused on general areas rather than as advertisement for
specific businesses.

D. Consolidated service club sign. Service clubs in the City may have a consolidated sign in any district
on each of Routes 25, 302, and 22, Spring Street and Stroudwater Street entering the City. Each sign
must meet the following requirements:

(1) Size. May not exceed a height of 10 feet or a width of 10 feet. The sign area for each individual
club may not exceed 10 square feet.

(2) Content. May contain only the name, symbol, meeting time, and meeting place of each service
club.

(3) Illumination. May not be internally illuminated.

E. Temporary signs on public property or within the public right-of-way. Temporary signs shall be
allowed on public property or within the public right-of-way, with no permit required, for a period of
no more than 12 weeks in a calendar year provided the following criteria are met:

(1) Only noncommercial signage is permitted on public property or within the public right-of-way.
Signs bearing a commercial message are prohibited.

(2) A temporary sign may not exceed two feet by three feet in size.

(3) A sign under this subsection must include or be marked with the name and address of the
individual, entity or organization that placed the sign within the public right-of-way and the date
the sign was erected within the public right-of-way.

(4) A temporary sign shall not result in a sight, traffic, health or welfare hazard to pedestrian or
vehicular traffic due to placement, or manner of construction or display.

(5) Any damage to public property or utilities that is caused by a temporary sign, including but not
limited to sign installation, is the responsibility of the sign owner. The Director of Public
Services shall determine whether damage has occurred and the cost of repair. The sign owner
will then be notified in writing and payment is required within 30 days of the date of notice.

(6) A temporary sign may not be placed within 30 feet of another temporary sign bearing the same
or substantially the same message.

(7) Illumination of a temporary sign is prohibited.

(8) For the purpose of temporary signs located within the Shoreland Zone, signs shall be considered
to be a structure and must comply with all shoreland standards, including but not limited to
setbacks and permitting. No signs are permitted below the normal high-water line of a water
body or within a wetland.

(9) Signs shall not be erected or maintained on the following:

(a) A traffic control sign or device.

(b) A public utility pole or fixture.

(c) A rotary traffic island.

(d) A tree on public property or within a public right-of-way.

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City of Westbrook, ME

§ 335-10.3 LAND USE § 335-10.3

(e) A control-of-access right-of-way area.

(f) A median less than six feet wide.

(10) Temporary signs are prohibited from being affixed to the grounds of the following locations:

(a) Saccarappa Park, Warren Memorial Sculpture Garden, Riverbank Park, and Westbrook
Commons.

(b) Temporary signs located on the Westbrook Community Center parcel (010-029B) unless
such signs are set back a minimum of 250 feet from Bridge Street.

(c) Public school grounds.

(d) Cemeteries.

(11) Removal process. Removal of unlawful signs shall be conducted in accordance with 23
M.R.S.A. § 1917.

F. Banner signs in the public right-of-way.

(1) The Director of Public Services may permit a system of decorative banners or banners
identifying community events open to the public to be placed by a business group or civic group
on light poles on public property along Main Street, William Clark Drive, or Bridge Street.
Signage shall not be deemed permanent.

(2) The Director of Public Services may permit a person or organization to install a banner sign
across a public right-of-way under the following conditions:

(a) City-wide interest. The purpose of the banner must be to announce a function of City-wide
interest, including church events, concerts, fund-raisers or similar activities.

(b) State and local law. The installation of the banner must meet all the requirements of state
and local law. The person requesting the installation of the banner must provide a sketch
showing the dimensions, method of installation, materials, and text of the banner. The
Director of Public Services shall establish the dates of installation and removal.

(c) See Chapter 281, Streets and Sidewalks, Article VII, for process on banner signs in the
public right-of-way.

G. Nonconforming signs. Nonconforming signs shall be subject to the following provisions:

(1) Continuance. Nonconforming signs may continue to exist, so long as the use remains the same,
the business remains open to the public, and if the signs are maintained in a safe, neat and clean
condition.

(2) Discontinuance. Any sign, along with its supports, which no longer advertises an existing
business, primary product sold, activity being conducted, or public notice shall be taken down
and removed by the owner, agent or person having beneficial use of the building or premises
upon which such sign may be found within 12 months after the activity has ceased.

(3) Alteration or relocation. The Code Enforcement Officer may approve the alteration or relocation
of a lawfully nonconforming sign so long as it is reduced in size by at least 25% of the original
sign size. This could be achieved through eliminating signs or reducing the overall size of the
sign. Where there are additional alterations or relocations beyond that there must be an

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City of Westbrook, ME

§ 335-10.3 WESTBROOK CODE § 335-10.4

additional reduction in size of at least 25% until such time as the sign size is no longer
nonconforming. Alteration could include a change in illumination or of any component of the
sign other than for basic maintenance to ensure a safe, neat and clean condition.

(a) The repair or replacement of a panel within a nonconforming sign is permitted without
reduction provided no other components of the sign, including but not limited to sign
frame, supports and illumination, are altered or relocated.

(b) The Code Enforcement Officer may permit the repair of a nonconforming sign without
reduction provided the repair is to the benefit of public health and safety, or the damage
was caused by a weather or other third-party event that is no fault of the property owner.

(4) Any entity proposing a development requiring site plan review shall, as a condition of any
approval of such development proposal, be required to bring any signs into conformance with
the provisions of this article, except as follows:

(a) Individual lawfully nonconforming signs which are within developments seeking amended
site plan review approval and which will not be altered as part of the proposed project are
not required to be brought into conformance with this article unless the development
proposal involves at least a twenty-percent increase in the total on-site building footprint
or a change in use of the property. New and altered signs in such developments shall
conform to this article.

H. Variance. The granting of a variance from the provisions of Article X, Signs, is prohibited.

§ 335-10.4. Signs in Residential Growth Area 1, Residential Growth Area 2, Residential Growth
Area 3 and Rural Districts.

The following provisions apply to signs in residential zoning districts:

A. General. All signs or advertising devices must be permanently affixed to the real estate. They may
only identify the occupant of the premises or advertise the article or services available on the premises
on which they are situated.

B. Sign types.

(1) Ground-mounted signs.

(a) Bulletin board or identification sign.

[1] One bulletin board or identification sign for a permitted nonresidential building or
use, containing not more than six square feet of signboard area, is permitted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[2] For churches, schools, and public institutions, two bulletin boards or identification
signs are permitted for each building. Each sign may contain not more than 10 square
feet of signboard area.

[3] A bulletin board or informational sign must be set back at least 1/2 of the required
front yard depth.

(b) Rental area. On the premises of an apartment building or rental housing area, there may be
one identifying sign containing not more than six square feet of signboard area.

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City of Westbrook, ME

§ 335-10.4 LAND USE § 335-10.5

(c) Subdivision sign.

[1] Temporary. A temporary sign is allowed without a permit to advertise an approved

subdivision site while construction is under way. The sign may not contain more than
12 square feet of signboard area.

[2] Permanent. A permanent sign is permitted to identify a neighborhood that has been
created as the result of a subdivision approved by the Planning Board. The sign may
not be placed in the right-of-way, nor block safe sight distances along a road. Total
area of sign shall not exceed 16 square feet.

(2) Temporary signs not located on public property or within the public right-of-way.

(a) Real estate signs. One "For Sale," "For Rent," or "For Lease" sign is allowed without a
permit on the property, containing not more than six square feet of signboard area and
advertising only the premises on which the sign is located. Where the property fronts on
two streets, one sign is permitted facing each street.

(b) Construction sign. On the premises of a building under construction or renovation, one
sign not exceeding five square feet of signboard area is allowed without a permit per
contractor, subcontractor, or architect actually employed on the premises. Total area of all
signs shall not exceed 32 square feet.

(3) Building-mounted signs.

(a) Sign allowance.

[1] On the premises of a business which is legally operating in a residential zoning

district, other than those described in § 335-10.4A, there may be one sign advertising
that business containing an area of not more than 16 square feet.

[2] All signs or advertising devices must be permanently affixed to the structure in which
the business is located. Unless otherwise permitted, signs shall not contain any
visible moving or movable parts.

(4) Changeable message board. Changeable message board signs are allowed and are calculated
within the allowable sign area for the business. Changeable message boards may change not
more than once every five minutes and shall maintain an unlit background with only the
illumination of the lettering or text.

C. Illumination. The lighting of neon or other illuminated tube type signs or advertising device is not
allowed in Residential Growth Area 1, Residential Growth Area 2, Residential Growth Area 3 and
Rural Districts.

D. Materials.

(1) Signs shall be constructed of sturdy material.

(2) No sign shall be constructed of banners, ribbons, spinners, feather flags or other similar devices
that represent a visual distraction to the motoring public.

§ 335-10.5. Signs in Highway Services District, Gateway Commercial District, Industrial Park

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City of Westbrook, ME

§ 335-10.5 WESTBROOK CODE § 335-10.5

District, Manufacturing District and Prides Corner Smart Growth Area.

The following provisions apply to signs in the Highway Services District, Gateway Commercial District,
Industrial Park District, Manufacturing District and Prides Corner Smart Growth Area:

A. General.

(1) All signs or advertising devices must be permanently affixed to the real estate. They may only
identify the occupant of the premises or advertise the article or services available on the
premises on which they are situated.

(2) Number of signs; maximum height. On each lot, not more than two signs are permitted affixed
to each exterior face of a building fronting on a public street or parking lot for each occupant.
The topmost element of any sign may not be higher than 10 feet above the cornice line of the
building.

(3) Overhanging signs. Signs may not overhang the public right-of-way.

B. Total sign allowance.

(1) Highway Services and Gateway Commercial Districts.

(a) The total area of all signs for properties located in the Highway Services and Gateway
Commercial Districts that are 40,000 square feet or less in land area shall not exceed 500
square feet.

(b) The total area of all signs for properties located in the Highway Services and Gateway
Commercial Districts that are more than 40,000 square feet of land area shall not exceed
500 square feet for the first 40,000 square feet of land area plus 100 square feet for each
additional 40,000 square feet of land area.

(2) Industrial Park District. The total area of all signs for properties in the Industrial Park District
shall not exceed 300 square feet.

(3) Manufacturing District and Prides Corner Smart Growth Area. The total area of all signs for
properties located in the Manufacturing District and Prides Corner Smart Growth Area shall not
exceed 250 square feet.

C. Sign types allowed.

(1) Building-mounted signs. The total area of all signs permitted on the face of a building fronting
on a public street or parking lot may not exceed 100 square feet for each 25 feet of building
frontage, except that in the Industrial Park District the total area may not exceed 200 square feet.

(2) Ground-mounted signs.

(a) Sign allowance. Where buildings are set back at least 40 feet, one freestanding sign may
be erected within the open space fronting upon a public street. The topmost element of a
freestanding sign may be no more than 25 feet above the average level of the ground
between the supports of the sign. The sign must not obstruct the view of oncoming
pedestrian or motor vehicle traffic.

[1] Divided building. Where a building is divided by partitions and is occupied by

separate entities, and where the building is constructed so that part of it is located

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City of Westbrook, ME

§ 335-10.5 LAND USE § 335-10.5

within 40 feet of a public way and one or more of the entities within is entirely
located at least 40 feet back from that way, there may be one freestanding sign within
the open space fronting upon the way. Only those entities located at least 40 feet back
may utilize space on this sign.

(b) Computation of sign area. A freestanding sign may have an area of not more than 100
square feet. Any exterior linear dimension of a freestanding sign may not exceed 16 feet.

(3) Changeable message boards. Changeable message board signs are permitted provided they are
a permanent component of the sign and are calculated within the allowable sign area for the
structure. Messages shall change at intervals of no more than once every five minutes.
Changeable message boards shall maintain an unlit background with only the illumination of
the lettering or text. The total size of a changeable message board area shall not exceed 60
square feet.

(4) Directional signs. Directional signs no larger than four square feet and containing no advertising
are permitted on private property to direct traffic flow, indicate parking space, or provide other
essential information to guide vehicular or pedestrian traffic flow with respect to that property.

(5) Time and temperature signs. Time and temperature signs are permitted and must be included in
the total square footage allotment for the structure.

(6) Awning signs.

(a) Awning signs are permitted and are calculated within the allowable sign area for building-
mounted signage.

(b) Awnings may not be internally illuminated but may include lighting located beneath the
awning directed downward for the purpose of illuminating the building entrance only.

(c) Awnings are allowed no lower than nine feet above the average grade of the ground
beneath it.

(d) Awning signs may include the street address and/or business name only. Such information
shall be no more than 12 inches in height and shall be placed on the front flap of the
awning.

(7) Temporary signs not located on public property or within the public right-of-way. The following
signs are allowed on a temporary basis as follows and, unless otherwise stated, shall be securely
affixed to the ground during the time allowed:

(a) Real estate signs. One real estate sign of no more than 16 square feet is allowed without a
permit per lot proposed for lease, sale, or rent. The subject sign must be placed on the lot
proposed for lease, sale, or rent. Such sign must be moved within two weeks after the
transaction. Such sign may be freestanding or building mounted.

(b) New business sign. One sign is permitted advertising the opening of a new business. Such
sign shall be of no more than 15 square feet and shall not remain on the premises more
than 30 days. Such sign shall be building mounted.

(c) Construction signs. One sign relating to construction projects for new or renovated
buildings is allowed without a permit. Such sign shall be no more than 32 square feet and
may include the name of multiple contractors. Such sign shall be removed one week after

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City of Westbrook, ME

§ 335-10.5 WESTBROOK CODE § 335-10.6

issuance of the certificate of occupancy. Such sign may be freestanding.

D. Illumination. Illuminated signs are permitted but they may not be intermittently illuminated or
animated, with the exception of changeable message board signs which must comply with the
standards as stated in this section.

E. Prohibited materials. Signs shall be constructed of sturdy material. No sign shall be constructed of
banners, ribbons, spinners, feather flags or other similar devices that represent a visual distraction to
the motoring public.

§ 335-10.6. Signs in City Center District.

The following provisions apply to signs in the City Center District:

A. Purpose. The purpose of regulating signs is to promote and protect the public health, safety, and
welfare by regulating existing and proposed outdoor advertising, outdoor advertising signs, and
outdoor signs of all types; to protect property values; enhance and protect the physical appearance of
the community; preserve the scenic and natural beauty and provide a more enjoyable and pleasing
community; to reduce sign or advertising distractions and obstructions that may contribute to traffic
accidents; reduce hazards that may be caused by signs overhanging or projecting over public right-
of-way; provide more open space; and curb the deterioration of natural beauty and the community
environment.

B. General.

(1) Traffic safety.

(a) No sign, whether new or existing, shall be permitted that causes a visual obstruction or a
traffic, health or welfare hazard or results in a nuisance due to illumination, placement, or
manner of construction or display.

(b) No sign, except traditional barber poles for licensed and operating barbershops, shall have
visible moving parts, blinking, moving or glaring illumination, or any part consisting of
pennants, ribbons, streamers, spinners, feather flags or other similar devices that represent
a visual distraction to the motoring public.

(2) Business signs. Business signs are allowed and shall be constructed, installed and maintained so
as to ensure public safety. Such sign shall be clearly incidental, customary to, and commonly
associated with and in the same site as the building or establishment to which it refers and shall
be limited in subject matter to name, design, picture or trademark of the establishment. It shall
not include any general commercial advertising materials unrelated to a principal business
within the building. Signs not directly related to the business shall be prohibited. All such signs
shall be appropriate in scale and appearance. Business signs on adjacent buildings located on
the same parcel shall be of compatible design and character. Sign types and placement are
further described herein.

(3) Insurance. For any sign proposed to be placed on (sandwich board sign only) or that shall extend
into (blade and/or awning only) the public right-of-way a permit is required on an annual basis
and shall be accompanied by proof of general liability insurance coverage in the amount of
$400,000 or any higher limit of liability imposed by the Maine Tort Claims Act37 in order to

37. Editor's Note: See 14 M.R.S.A. § 8101 et seq.

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City of Westbrook, ME

§ 335-10.6 LAND USE § 335-10.6

protect the City of Westbrook from any and all liability for personal or property damage to the
public by reason of the erection and maintenance of such sign on and into the public right-of-
way, and such insurance shall be maintained as long as such sign exists on and into the public
right-of-way. The City shall be named as an additional insured on such insurance policy.

(4) Sign area computation. Signs shall be measured from the outermost part of the sign, but not to
include wall supports. Sign area includes borders or framing not required to affix a sign to a
building. Sign area does not include the base for a ground-mounted monument sign or the
supportive pole(s) of a pylon sign. A sign with a double signboard or display area shall be
construed to be one sign for the purpose of this article.

C. Sign types allowed.

(1) Building-mounted signs. Building-mounted signs include those that are painted or flush
mounted directly on an exterior building facade. Backlit characters and internally lit characters
are considered flush mounted for the purpose of this article.

(a) Signage limitations.

[1] The total area of all building-mounted signs may not exceed 5% of the exterior wall
facing a public way or parking lot on which the sign(s) is to be placed.

[2] On any exterior wall facing a public way or parking lot, one sign is permitted per
individually owned and operated business within the building based on the sign area
allowed per this subsection.

[3] No sign shall extend above the roofline or parapet of the building on which it is
placed.

(b) Identification sign.

[1] All buildings are required to display one street number sign per exterior face of
building fronting on a public way or parking lot.

[2] Such sign may be no more than 1.5 square feet in size, and it must be located on the
first-floor facade area of a building or on a sign.

[3] Such sign shall not count toward the overall sign allowance.

(2) Ground-mounted signs. Sign area for ground-mounted signs shall be no more than 18 square
feet including all tenant signage.

(a) Monument signs. Ground-mounted monument signs are signs mounted to the ground by a
solid (opaque) base structure made of wood (painted or varnished and weather treated),
brick, or stone. Such sign shall be no taller than six feet including the base.

(b) Pylon signs. Pylon signs are signs mounted to the ground by poles made of materials
consistent with this section. Such sign shall be no taller than nine feet including the base.

(3) Blade. Blade signs are attached directly to the building and extend perpendicular from the
building wall.

(a) Blade signs may be no more than 50 square feet in size, shall be placed no lower than 10
feet above the average grade beneath the sign, and shall be no higher than 20 feet above

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City of Westbrook, ME

§ 335-10.6 WESTBROOK CODE § 335-10.6

the average grade beneath the sign.

(b) Blade signs shall extend no further into a right-of-way than the lesser of four feet or the
backside of the curb abutting a public street.

(c) Blade signs may be permitted every 25 feet of linear frontage on a freestanding building.

(4) Changeable message board. A changeable message board sign is a sign attached to and
associated with a freestanding (ground-mounted or pylon) sign.

(a) Changeable message board signs are permitted where freestanding signs area permitted
and are calculated within the allowable sign area for the proposed freestanding sign.

(b) Such signs shall be no taller than 12 inches including framing and shall include no more
than two lines of text.

(c) Such sign may include a changeable message but the message may not change more than
once every five minutes.

(d) The time and temperature may be posted and are part of the maximum allowable sign area
of the message board.

(e) The changeable message board shall maintain an unlit background with only the
illumination of lettering or text permitted.

(5) Sandwich board signs.

(a) One small A-frame sandwich board sign is allowed per 25 feet of linear building frontage
on Main Street or Bridge Street.

(b) Such signs shall not count toward the number of signs allowed per exterior face of
building.

(c) Such signs are allowed when there is at least four feet of clear travel space on a public
sidewalk.

(d) Sandwich board signs may be no more than eight square feet in size and shall not extend
into the four feet of clear travel space.

(e) Such signs may have writing on both sides, may not be illuminated, shall have no moving
parts, must be placed adjacent to the business which it supports, and shall not block
pedestrian movement along a sidewalk or vehicular visibility.

(f) Such signs shall face on-coming sidewalk traffic and not the street.

(g) In the event that these provisions are violated or in the event of inclement weather, the
Code Enforcement Officer may have such signs removed from the public way.

(h) Sandwich board signs shall be temporary in nature and shall advertise temporary events.

(6) Entry point tenant listing sign. One small tenant listing sign is allowed per individual building
and may list multiple tenants. Such sign may be no more than 1.5 square feet.

(7) Directional signs.

(a) Such signs may be freestanding or building mounted and shall not count toward the

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City of Westbrook, ME

§ 335-10.6 LAND USE § 335-10.6

number of signs allowed per exterior face of building.

(b) Directional signs shall contain no business advertising and are permitted on private
property in order to direct traffic flow, indicate the location of parking, or provide other
essential information necessary to guide vehicular or pedestrian traffic flow within the
private property.

(c) Such signs shall be no larger than two square feet. Tenant listing signs shall not be
considered directional signs.

(8) Window signs.

(a) Window signs shall be permitted on the first or ground floor only.

(b) In no event shall window signs cover more than 25% of the area of any individually framed
window.

(c) Window signs shall not be included in the sign area when calculating the total area of all
building-mounted signs.

(9) Awning.

(a) Awnings may not be internally illuminated but may include lighting located beneath the
awning directed downward for the purpose of illuminating the building entrance only.
Awnings are allowed no lower than nine feet above the 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 curb abutting a public street.

(b) Awnings may include the street address and/or business name only. Such information shall
be no more than 12 inches in height and shall be placed on the front flap of the awning.

(c) In addition to these standards, awnings located within the Village Review Overlay Zone
shall conform to the standards as outlined in § 335-7.1, Village Review Overlay Zone.

(10) Open flag.

(a) A standard flag, no larger than three feet by five feet in size, suspended from a pole that is
attached to a structure, indicating that an establishment is open for business is permitted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(b) An open flag may not impede pedestrian travel within the public right-of-way.

(c) One open flag is permitted per individually owned and operating business within a
building.

(d) Open flags are allowed every 25 feet of linear frontage on a freestanding building.

(11) Temporary signs not located on public property or within the public right-of-way. The following
signs are allowed on a temporary basis as follows and, unless otherwise stated, shall be securely
affixed to the ground during the time allowed:

(a) Real estate signs. One real estate sign of no more than eight square feet is permitted
without a permit per lot proposed for lease, sale, or rent. The subject sign must be placed
on the lot proposed for lease, sale, or rent. Such sign must be moved within two weeks
after the transaction. Such sign may be freestanding or building mounted.

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City of Westbrook, ME

§ 335-10.6 WESTBROOK CODE § 335-10.6

(b) New business sign. One sign is permitted advertising the opening of a new business. Such
sign shall be of no more than 15 square feet and shall not remain on the premises more
than 30 days. Such sign shall be building mounted.

(c) Construction signs. One sign relating to construction projects for new or renovated
buildings is permitted without a permit. Such sign shall be no more than 32 square feet and
may include the name of multiple contractors. Such sign shall be removed one week after
issuance of the certificate of occupancy. Such sign may be freestanding.

D. Illumination.

(1) Illumination methods allowed:

(a) Individual internally lit characters.

(b) Individual backlit characters or "halo" effect.

(c) Gooseneck fixture.

(d) Spotlight fixture.

(2) Illumination types allowed:

(a) LED.

(b) Neon.

(c) Incandescent.

(3) Illumination standards.

(a) In order to conserve energy and reduce light pollution, on properties abutting residential
development, illumination of signs shall be permitted only between the hours of 7:00 a.m.
and 11:00 p.m., except that this time restriction shall not apply to the illuminated signs of
emergency facilities and retail, commercial, and industrial establishments during such
hours as the establishments are open to the general public.

(b) All lighting must be Nationally Recognized Testing Laboratories (NRTL) listed and
stamped.

(c) Energy efficiency should be considered a priority in sign design and lighting.

(4) External illumination. Signs shall be illuminated only by steady, stationary, shielded light
sources. A lighting fixture that directly or indirectly illuminates a sign must be designed so that
the light source itself is shielded from view and does not shine directly into the right-of-way or
onto adjacent properties. This does not apply to signs illuminated using neon.

(5) Internal illumination.

(a) Sign cabinets. Signs may be illuminated from within if the only components illuminated
are the characters and limited graphics used to convey the name of the business and its
purpose and/or the street number. The balance of the sign face must be opaque with no
light visible except for the cut face characters and logos. No other portion of the sign face
may be illuminated. See § 335-10.6E for permitted materials. Internally illuminated flex
face signs are not allowed.

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City of Westbrook, ME

§ 335-10.6 LAND USE § 335-10.6

(b) Internally lit routed faced vinyl characters and/or logos are allowed so long as the
characters and/or logos are the sign, they are building mounted, are limited to 12 inches in
height and meet the other size requirements of this section.

E. Sign materials.

(1) Non-internally illuminated.

(a) Unless otherwise stated, signs shall be solid and be constructed of the following materials:
wood (painted or varnished and weather treated), stone, metals, concrete, and/or composite
material providing similar density.

(b) Signs may incorporate a vinyl wrap, or layer, which displays the graphics proposed, used
in lieu of paint. This material standard does not apply to the components of a changeable
message board.

(2) Internally illuminated.

(a) Internally lit routed faced vinyl characters and/or logos are permitted.

(b) Sign cabinets may consist of an illuminated vinyl sign face. Internally illuminated flex face
signs are not permitted, unless used to identify the major tenant of buildings over three
floors, as measured from the street level. Such signs are subject to the following:

[1] The sign shall be placed at the top floor;

[2] The sign may not be placed on facades facing a property line that directly abuts a
residentially zoned property; and

[3] The sign may be internally illuminated or backlit.

(3) Awnings. Metal or canvas awnings are permitted.

(4) Window signs. Vinyl window decals are permitted.

(5) Open flags. Fabric flags are permitted.

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City of Westbrook, ME

§ 335-11.1 LAND USE § 335-11.2

ARTICLE XI
Paper Street Development

§ 335-11.1. Review and permit required.

Where a person seeks to construct, extend, widen or otherwise improve any street that is shown on a
subdivision plan or plat recorded in the Cumberland County Registry of Deeds, the person shall first
acquire a permit from the City as required by this article.

§ 335-11.2. Application.

A person seeking a permit for the construction or improvement of a paper street or streets shall submit to
the City an application containing the following items:

A. A survey showing the area of the paper street or streets proposed to be developed or improved,
together with the boundaries of any lots located along that area of the paper street or streets.

B. Evidence of the applicant's right, title or interest in the lots and in the paper street or streets.

C. A plan or plans prepared by a professional engineer, licensed in the State of Maine, showing the
following information:

(1) The name of all owners of property abutting the portion of the paper street or streets proposed
to be developed or improved.

(2) Scale, date, North point, and delineation of the entire area proposed to be developed or
improved.

(3) The location of all existing and proposed monuments for the area of the street or streets
proposed to be developed or improved.

(4) The names of the developer of the street or streets, the engineer preparing the plan and the
surveyor, together with the professional registration numbers of those who prepared the plan.
Any plan submitted shall also bear the stamp of the professional who prepared the plan.

(5) The location of all proposed improvements; the width of paving and rights-of-way, profile,
cross-section dimensions, curve radii of all existing and proposed streets; profiles of center lines
of proposed streets, of a horizontal scale of one inch equals 50 feet and a vertical scale of one
inch equals five feet with all elevations referred to USGS data and appropriate GIS references
as set forth in § 335-13.3F(2)(b)[24].

(6) A general street plan noting circulation, direction, any proposed traffic control devices, the
location and type of any proposed streetlighting.

(7) Accurate dimensions of rights-of-way, length and bearing of lot lines, and length or radii of
horizontal curves.

(8) Type, location, profile and cross section of all existing and proposed drainage, both within and
adjacent to the area of any street construction or improvement, and a description of stormwater
management plan.

(9) Location of features, natural and man-made, affecting the street, such as water bodies, streams,
swamps, wetlands, vegetation, ditches, and areas of soils with severe or very severe limitations.

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City of Westbrook, ME

§ 335-11.2 LAND USE § 335-11.5

(10) Location of existing and proposed utilities, including but not limited to water, sewer, electrical
lines and telecommunications lines and profiles of all underground facilities.

(11) Existing and proposed location, size, profile and cross section of sanitary sewers proposed to be
located within the street construction or improvement area.

(12) Topography with contours at elevation intervals of not more than two feet.

(13) Location of all existing trees and vegetation within the proposed area of improvements and on
any lots proposed to be developed in conjunction with the street and a delineation of which trees
and vegetation will be retained and which, if any, will be removed.

(14) Location map to same scale as the Tax Map, on a separate sheet if necessary; Assessor's map
and lot number.

(15) Grading, erosion control, and landscaping plan; proposed finish grades, slopes, swales and
ground cover or other means of stabilization.

(16) A statement from the Maine Department of Inland Fisheries and Wildlife as to whether any
significant wildlife habitats are located on the site.

(17) A statement from the Maine Department of Agriculture, Conservation and Forestry as to
whether any rare or significant botanical species are located on the site. [Amended at time of
adoption of Code (see Ch. 1, General Provisions, Art. II)]

D. A statement by a licensed engineer as to the adequacy of the stormwater management program to

serve the watershed area within which the project is listed.

E. A statement from the Portland Water District of conditions under which the District will supply water
and approval of the size and location of mains, valves and hydrants proposed. Responsibility for such
design shall remain with the Portland Water District and any other appropriate agencies.

F. Names and addresses of all property owners within a 500-foot radius of the proposed street
construction or improvement. The names and addresses of such owners shall be determined by use of
the most current records of the Assessor's Office.

G. A listing of any other state or local permits that will be required for the development of the paper
street or streets or for any lots adjacent to the portion of the paper street or streets proposed to be
developed.

§ 335-11.3. Application fee. [Amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]

Any application for approval of construction or improvement of a paper street or streets shall be
accompanied by a fee as set forth in Chapter A400, Master Fee Schedule.

§ 335-11.4. Other costs.

An applicant seeking approval for the construction or improvement of a paper street or streets shall be
responsible for the costs of all notice required under § 335-11.6. Such costs shall be paid prior to the
completion of review of the application. No permits shall be issued if fees due under this section remain
unpaid.

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City of Westbrook, ME

§ 335-11.5 WESTBROOK CODE § 335-11.10

§ 335-11.5. Preapplication meeting.

Any person who is proposing the construction or improvement of a paper street or streets may request a
meeting with the City Planner and the City Engineer prior to the submission of an application in order to
review the procedures for review and specific issues associated with a proposal.

§ 335-11.6. Submission of application; notice.

Upon receipt of any application for construction or development of a paper street, the Planning Department
shall indicate upon the application the date of its submission. Within 21 days of the date of submission
of the application, the Planning Department shall mail, by first class mail, postage prepaid, notice to
all residents and property owners within a 500-foot radius of the proposed paper street construction or
improvement. The notice shall include a brief description of the application and will notify the recipient of
the right to request Planning Board review under § 335-11.7 and that comments concerning an application
must be made, in writing, to the City Planner. In addition, the notice may include the date and time of
any neighborhood meeting that is scheduled by the applicant. The Planning Department shall keep a list
of persons notified and shall indicate on the list the date that the notice was mailed. Failure of a person to
receive notice under this section will not invalidate any decision made by the Planning Department or the
Planning Board and will not require any rehearing of the application.

§ 335-11.7. Request for Planning Board review.

A person who receives notice under § 335-11.6 may request that the Planning Board review the application
under the provisions of § 335-11.10. The request must be made in writing and must be received by the City
within 30 days of the date of the City's mailing of notice under § 335-11.6. In the event that an application
is determined to be incomplete under § 335-11.8, any request for Planning Board review shall remain valid
for the completed application.

§ 335-11.8. Determination of completeness.

After the receipt of an application, the City Planner shall commence review of the application under the
standards set forth in § 335-11.11. The City Planner shall determine within 21 days whether the application
is complete and shall notify the applicant of any additional required information or submissions. This
twenty-one-day period may be extended by mutual agreement, in writing, by the City Planner and the
applicant.

§ 335-11.9. Review by City Planner and City Engineer.

Once the application is determined to be complete, the City Planner and the City Engineer shall complete
review of the application within 30 days of the date of determination of completeness. The review shall
be made under the standards and requirements set forth in § 335-11.11. This thirty-day period may be
extended upon mutual agreement, in writing, by the City Planner and the applicant. Where no one has
requested a Planning Board review under § 335-11.7, the City Planner shall issue a written decision.
Any approval granted may be subject to conditions required to ensure compliance with § 335-11.11 or to
regulate the conduct of the development of the paper street or streets. Any conditions will be included in
the written decision.

§ 335-11.10. Planning Board review.

Where a person has filed a request for Planning Board review under § 335-11.7, the City Planner will
forward to the Planning Board proposed findings and any proposed conditions of approval. The proposed

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City of Westbrook, ME

§ 335-11.10 LAND USE § 335-11.11

decision shall be placed upon the Planning Board's consent agenda, and a joint public comment period shall
be held for all items on the consent agenda, unless a member of the Planning Board requests the removal of
a specific application from the consent agenda for separate review and consideration. The Planning Board
shall review all applications under the standards set forth in § 335-11.11 and shall have the authority to
impose conditions on any approval. The Planning Board may request that the applicant perform a traffic
study if the Planning Board determines that such a study is needed to determine whether the application
complies with the requirements of § 335-11.11G.

§ 335-11.11. Review standards.

A. Stormwater. Any application for construction or improvement of a paper street or streets shall
demonstrate that adequate provision will be made to collect, treat and dispose of stormwater. The
plan shall demonstrate that, to the extent reasonably possible, stormwater shall be retained on the site
using natural features, that contaminants shall be reduced before leaving the area of the improved
paper street and that the rate of flow onto properties in the area shall not exceed conditions existing
prior to the construction or improvement of the paper street.

B. Street construction standards. All construction or improvement of a paper street or streets shall meet
the requirements of § 335-13.3G(3) of this Land Use Ordinance. Any street that will have a dead end
shall provide a turnaround approved by the City Engineer and the Fire Chief for adequacy to support
and accommodate maintenance and emergency vehicles.

C. Erosion control. Any construction or improvement of a paper street or streets shall be subject to best
management practices for erosion control. All site activities shall utilize natural conditions to the
maximum extent possible so that filling, excavation and earthmoving is kept to a minimum. Site
activities will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water
so that a dangerous or unhealthy condition results.

D. Lot development. Lots adjacent to a paper street or streets proposed to be constructed or improved
shall be developed in accordance with the applicable zoning requirements for the district in which the
property is located. No trees shall be cut from the required rear setback area of such a lot until the
issuance of a final certificate of occupancy for the principal structure on the lot. Each such lot shall
include at least two street trees along the paper street area to be developed, unless the topography,
geography or soils of the lot will not accommodate more than one tree, and other appropriate
landscaping for the proposed structures and shall retain existing vegetation to the extent possible.
Street trees shall be located between the edge of the travel lane and the edge of the street right-of-way.

E. Provision of open space. Where the proposed construction or improvement of a paper street or streets
shall exceed 150 feet in total combined length, the applicant shall set aside as open space an area that
is at least 10% of the total area of the lots fronting on the paper street or streets being constructed or
improved, excluding the area of the lots fronting on the first 150 feet. Such land either shall be set
aside within the area of those lots or shall be in close proximity to those lots. For purpose of this
section "close proximity" shall mean land that is located within 2,250 feet from those lots and that is
not separated from those lots by a street that is more than two lanes in total width or that has a posted
speed limit of more than 35 miles per hour. Land to be set aside as open space shall either be deeded
to an organization or entity that is authorized as a holder of conservation easements as defined in 33
M.R.S.A. § 476, or it shall be protected by deed restrictions, which shall be reviewed and approved
by the City for compliance with the requirements set forth herein. No structures other than small
structures accessory to a recreational use shall be permitted on the open space land, and no pavement
shall be allowed, except for the creation of trails. Any open space provided off site shall be usable for
active or passive recreation purposes or shall include areas that are identified by the Department of

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City of Westbrook, ME

§ 335-11.11 WESTBROOK CODE § 335-11.13

Inland Fisheries and Wildlife as significant wildlife habitat. Wetland areas as defined in 38 M.R.S.A.
§ 436-A shall not be included in open space under this section. An applicant may elect to pay a fee in
lieu of provision of open space. That fee shall be as set forth in Chapter A400, Master Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

F. Water and sewer capacity. Where the proposed construction or improvement involves the extension
of public water or public sewer, the applicant shall demonstrate that the existing service is adequate
to support the proposed extension of the service or shall upgrade the existing facilities as required to
provide the service.

G. Traffic. The proposed paper street development will not cause unreasonable highway or public road
congestion or unsafe conditions with respect to the use of the highways or public roads existing or
proposed.

§ 335-11.12. Performance guarantee.

A. Posting of guarantee. Prior to the commencement of any construction related to the paper street
development or the issuance of any building permits associated with the paper street development,
the developer shall file a performance guarantee with the City. The performance guarantee shall be a
certified check payable to the City, a performance bond running to the City, or a letter of credit from
a financial institution in amount and form acceptable to the City. The check, bond or letter of credit
must equal at least the total cost of furnishing, installing, and completing the paper street construction
and all related improvements within two years of its date.

B. Release of guarantee.

(1) Before the City releases a performance guarantee, the developer shall obtain the following:

(a) A statement by the Public Services Department that all streets and storm drain systems
have been constructed and completed in conformance with the approved plan.

(b) A statement by the City Engineer that all sewer lines and connections in the street have
been constructed and completed in conformance with the approved plan.

(c) A statement by the Superintendent of the Portland Water District that all water mains and
hydrants have been installed and completed in conformance with the approved plan.

(d) A statement by a land surveyor, licensed in the State of Maine, that all permanent
boundary monuments on street and lot lines have been installed in the locations designated
on the approved plan. The applicant shall be responsible for the cost of obtaining this
statement.

(2) Upon release of the performance guarantee, the City shall provide the applicant with a certificate
of compliance. At the discretion of the Planning Department, a phased release of the
performance guarantee can be implemented.

§ 335-11.13. Other reviews.

Review and approval under this article are in addition to any other review and approval required under
state law, federal law or any provision of the City Code. Where there is any inconsistency between such
review standards, the more stringent standard shall control.

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City of Westbrook, ME

§ 335-12.1 LAND USE § 335-12.3

ARTICLE XII
Review of Private Ways
[Added 9-10-2018 by Ord. No. 2018-121 ]

§ 335-12.1. Purpose.

A person seeking a permit for the construction or improvement of a private way shall provide to the City a
submission containing the items in this article.

§ 335-12.2. Private way approval required.

No building permit shall be issued to erect a structure on a lot lacking frontage on a public way unless a
private way meeting the criteria stated in this article has been approved and constructed within a deeded
right-of-way, no less than 50 feet in width.

§ 335-12.3. Submission process.

A. Application. Submit a filled-out application form.

B. Submission requirements.

(1) Summary letter on the proposal.

(2) Document(s) showing the applicant's right, title or interest in all properties under review.

(3) Applicant shall submit a street name to the 911 coordinator to determine if the street name is
acceptable for the 911 system. The name of the street shall be stated on the plan of the private
way. Prior to final approval, the name must be approved by the E-911 coordinator.

(4) Draft homeowners' association agreement and maintenance agreement. If the private way is to
provide access to two or more lots, a homeowners' association (HOA) shall be established for
the lands contained within the private way right-of-way, which shall provide for the
maintenance of the private way. Deeds for lots served by the private way must reference the
HOA and shall require that the owners of the subject properties become and remain members of
the HOA. Prior to issuance of any permits or conveyance of lots on the private way, these
documents must be recorded in the Cumberland County Registry of Deeds, and a copy of the
recorded documents provided to the City.

(a) The declaration and other HOA documents shall specify the rights and responsibilities of
each lot owner with respect to the maintenance, repair and plowing of the private way.

(b) If the private way is in poor condition in the judgment of the Fire & Rescue Department,
the HOA shall be notified that the street needs repair and that the City may limit or
discontinue emergency services if repair is not provided within a reasonable period of
time.

C. Survey plans. A plan or plans labeled "Plan of a private way" signed and stamped by a State of Maine
licensed surveyor. This standard boundary survey includes the lots created and the right-of-way. The
plan shall include the following:

(1) The name of all owners of property abutting the portion of the private way proposed to be
developed or improved.

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City of Westbrook, ME

§ 335-12.3 WESTBROOK CODE § 335-12.3

(2) Plan references stated on the plan.

(3) Scale, date, North point, and delineation of the entire area proposed to be developed or
improved.

(4) Location map with Assessor's map and lot number.

(5) The plan or plans must be drawn to a horizontal scale of no greater than one inch equals 20 feet
and a vertical scale of no greater than one inch equals five feet with all elevations referred to
USGS data and appropriate GIS references as set forth in § 335-13.3F(2)(b)[24].

(6) The location of all existing and proposed monuments for the private way(s) proposed to be
developed or improved; monumentation of the roadway is required.

(7) The name(s) of the developer of the private way and the surveyor preparing the plan, together
with the professional registration numbers of those who prepared the plan. Any plan submitted
shall also bear the signed stamp of the professional who prepared the plan.

(8) Accurate dimensions of rights-of-way, length and bearing of lot lines, and length or radii of
horizontal curves.

D. Engineering plans. A plan or plans labeled "Plan of a private way" prepared by a professional
engineer, licensed in the state of Maine. The plan shall delineate the proposed way and each of the
lots to be served by the private way and include the following:

(1) The name(s) of the developer of the private way and the engineer preparing the plan with the
professional registration number of those who prepared the plan. Any plan submitted shall bear
the signed stamp of the professional who prepared the plan.

(2) The location of all proposed improvements, the width of paving and rights-of-way, profile,
cross-section dimensions, curve radii of all existing and proposed streets, profiles of center lines
of proposed streets, of a horizontal scale of no greater than one inch equals 20 feet and a vertical
scale of no greater than one inch equals five feet with all elevations referred to USGS data and
appropriate GIS references as set forth in § 335-13.3F(2)(b)[24].

(3) Topography with contours at elevation intervals of not more than two feet.

(4) New grading, erosion control, and landscaping plan; proposed finish grades, slopes, swales and
ground cover or other means of stabilization.

(5) Existing and proposed location, size, profile and cross section of sanitary sewers proposed to be
located within the street construction or improvement area.

(6) Type, location, profile and cross section of all existing and proposed stormwater drainage
systems, including best management practices, both within and adjacent to the area of any street
construction or improvement, and a description of stormwater management plan.

(7) Location of features, natural and man-made, affecting the street, such as water bodies, streams,
swamps, wetlands, vegetation, ditches, and areas of soils with severe or very severe limitations.

(8) Location of existing and proposed utilities, including but not limited to water, streetlights,
hydrants, electrical lines/poles and telecommunications lines and profiles of all underground
facilities.

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City of Westbrook, ME

§ 335-12.3 LAND USE § 335-12.3

(9) Lighting. Intersections must be lit. For existing overhead power on the public street, the type
and size of streetlights shall be determined by the Department of Public Services. For
underground power along the private way, the applicant shall provide the cut sheets on the
lighting poles/fixtures in the application.

(a) A note on the plan shall state, "The City of Westbrook shall not be responsible for the cost
of materials, installation, maintenance, or power for the streetlighting associated with the
private way. The homeowners' association shall assume all costs associated with the
streetlighting system."

(10) Location of all existing trees and vegetation within the proposed area of improvements.

(11) Location of stop sign and street name sign meeting City specification at the intersection with
the public street.

(12) Location of mailboxes and associated structures.

(13) An approval block for signatures of the reviewing authority.

(14) A plan note stating the City of Westbrook will not be responsible for the maintenance, repair, or
plowing of the private way and that further lot divisions utilizing the private way are prohibited
without prior approval of the City.

E. Fees.

(1) The applicant is responsible for the payment of the notification of all property owners within a
500-foot radius of the proposed private way construction or improvement. The names and
addresses of such owners shall be determined by use of the most current records of the
Assessor's Office.

(2) See Chapter A400, Master Fee Schedule, for associated costs for private ways. Fees are required
for review of plans and inspection of work.

F. Review requirements.

(1) Any private way with a dead end shall provide a turnaround approved by the City Engineer and
the Fire & Rescue Department.

(2) The private way entrance shall be constructed at a grade of +/-3.0% for a minimum of 25 feet
from the edge of existing pavement of the road the new private way is intersecting.

(a) The private way drainage design shall direct the newly generated stormwater flows into
the drainage system and not sheet into the existing roadway, nor cause the existing
drainage system to be blocked or overloaded.

(3) Where the proposed construction or improvement involves the extension of public water or
public sewer, the applicant shall demonstrate that the existing service is adequate to support the
proposed extension of the service or shall upgrade the existing facilities as required to provide
the service.

(4) The proposed private way development will not cause unreasonable highway or public street
congestion or unsafe conditions with respect to the use of the highways or public streets,
existing or proposed.

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City of Westbrook, ME

§ 335-12.3 WESTBROOK CODE § 335-12.5

(5) A statement from a licensed engineer as to the adequacy of the stormwater management
program to serve the watershed area within which the project is listed shall be provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(6) For roads and driveways within Shoreland and Resource Protection Areas, additional design
standards apply to these projects. See Article VIII, Shoreland Protection Zone, for requirements.

(7) Private ways shall be inspected by the City's engineering staff during the construction process.

§ 335-12.4. Reviewing authority. [Amended 9-12-2022 by Ord. No. 2022-105 ]

A. The Private Way Review Committee (PWRC) is to consist of the City Planner, Code Enforcement
Officer, City Engineer, and representative of the Fire & Rescue Department, or their designee(s).

B. For private ways that do not entail a subdivision review, the PWRC shall review and may approve
the use of a private way in accordance with the requirements outlined in this article.

(1) If the PWRC is not unanimous in its approval of the proposed private way, the Planning Board
shall review and may approve the proposed private way.

(2) The PWRC may refer a private way application to the Planning Board if there is substantial
public interest in the application. This determination shall lie within the sole discretion of the
PWRC. When a matter is referred to the Planning Board, it shall utilize the review criteria set
forth in this article.

C. Where subdivision review is required, the Planning Board shall review and may approve the use of a
private way in accordance with the general provisions outlined in this article during the subdivision
review process.

§ 335-12.5. Review process.

A. Submission. Upon receipt of any application for construction or development of a private way, the
Planning Department shall indicate upon the application the date of its submission.

B. Notice. Within 21 days of the date of submission of the application, the Planning Department shall
mail, by first class mail, postage prepaid, notice to all residents and property owners within a 500-foot
radius from the perimeter limits of the project lot(s) as determine by the reviewing authority.

(1) The notice shall include a brief description of the application and will notify the recipient of the
right to provide comment to the City Planner within 14 days of the date of City mailing. In
addition, the notice may include the date and time of any neighborhood meeting that is
scheduled by the applicant.

(2) The Planning Department shall keep a list of persons notified and shall indicate on the list the
date that the notice was mailed.

(3) Failure of a person to receive notice under this section will not invalidate any decision made by
the PWRC or the Planning Board and will not require any rehearing of the application.

C. Determination of completeness.

(1) After the receipt of an application, the City Planner shall commence review of the application
under the standards in this article.

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City of Westbrook, ME

§ 335-12.5 LAND USE § 335-12.6

(2) The City Planner shall determine within 21 days whether the application is complete and shall
notify the applicant of any additional required information or submissions.

(3) This twenty-one-day period may be extended by mutual agreement, in writing, by the City
Planner and the applicant.

D. Application review. Once the application is determined to be complete, the reviewing authority shall
complete review of the application within 30 days of the date of determination of completeness. This
thirty-day period may be extended upon mutual agreement, in writing, by the City Planner and the
applicant.

(1) When reviewed by the Private Way Review Committee, the City Planner shall issue a written
decision. Any approval granted may be subject to conditions required to ensure compliance with
this article. Any conditions will be included in the written decision. Any denial shall include the
reasons for the denial of the application.

(2) When reviewed by the Planning Board, the City Planner or his designee will forward to the
Planning Board proposed findings and any proposed conditions of approval.

E. Other reviews. Review and approval under this article are in addition to any other review and
approval required under state law, federal law or any other provision of the Code of the City of
Westbrook. Where there is any inconsistency between such review standards, the more stringent
standard shall control.

§ 335-12.6. General provisions. [Amended 9-12-2022 by Ord. No. 2022-105 ]

A. Lot number constraint/construction standards.

(1) For private ways that provide access and frontage for one to three lots, the private way shall
meet the requirements outlined in this article and shall be constructed to the private way
standards outlined in § 335-13.3G(3).

(2) For private ways that provide access and frontage for four or more lots, the private way shall
meet the requirements outlined in this article and shall be constructed to the local street
standards outlined in § 335-13.3G(3).

(3) Private ways in existence prior to May 1, 2007, shall be allowed to build per the current zoning
standards for the district in which they are located, provided that the private way either meets or
is upgraded to the construction standards for private ways in § 335-13.3G(3).

B. Area of land/conformance.

(1) The land within the right-of-way of an approved private way shall not be used to meet the area
requirements of any lot.

(2) The creation of a private way shall not reduce the frontage, lot area, or other dimensional
requirements of an existing conforming lot below that required by the zone in which it is located
nor reduce the frontage, lot area or other dimensional requirements of an existing
nonconforming lot.

(3) A new private way cannot make an abutting lot or structure nonconforming.

C. Maintenance.

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City of Westbrook, ME

§ 335-12.6 WESTBROOK CODE § 335-12.7

(1) The homeowners' association shall be responsible for maintenance of the entire length of the
private way beginning at the edge of the traveled way of the public street with which it
intersects, as well as for any private substreets that run off the private way.

(2) Trash pickup and snow removal shall be the responsibility of the homeowner's association for
all lots with frontage and access on a private way.

D. Driveways.

(1) Driveways to corner lots shall gain access from the street of lower classification when a corner
lot has deeded access to streets of two different classifications. This restriction shall appear as a
note on the plan and as a deed restriction. Also, the lot's frontage shall be determined by this
requirement.

(2) When a corner lot is bounded by streets of the same classification, a recommendation by the
City Engineer is required in determining driveway location.

E. Performance guarantee.

(1) Prior to the commencement of any construction related to the private way development or the
issuance of any building permits associated with the private way development, the developer
shall file a performance guarantee with the City.

(2) The performance guarantee shall be a certified check payable to the City, a performance bond
running to the City, or a letter of credit from a financial institution in an amount and form
acceptable to the City.

(3) The check, bond or letter of credit must be equal at least to the total cost of furnishing, installing
and completing the private way construction and all related improvements within two years of
its date. At the discretion of the Planning Department, a phased release of the performance
guarantee may be implemented, as long as the phased release provides for the retention of a
sufficient amount to complete all outstanding requirements.

(4) Before the City releases a performance guarantee, the applicant shall obtain, at his expense, the
following:

(a) A statement by the Public Services Department that all streets and storm drain systems
have been constructed and completed in conformance with the approved plan.

(b) A statement by the City Engineer or his designee that all sewer lines and connections in
the street have been constructed and completed in conformance with the approved plan.

(c) A statement by the Portland Water District that all water mains and hydrants have been
installed and completed in conformance with the approved plan.

(d) A statement by a land surveyor, licensed in the State of Maine, that all permanent
boundary monuments on street and lot lines have been installed in the locations designated
on the approved plan.

§ 335-12.7. Building permit issuance.

A. Prior to any building permits being issued on a private way, copies of all required recorded documents
must be submitted to the City and the street must be constructed or a performance guarantee provided
in the full amount of all associated street work.

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City of Westbrook, ME

§ 335-12.7 LAND USE § 335-12.7

(1) Required documents include but are not limited to:

(a) Survey plan and recording information if the plan is recorded in the Registry of Deeds.

(b) Homeowners' association documents (private ways shall be owned and maintained by a
homeowners' association if more than one lot is served). The homeowners' association
documents must provide for maintenance and repair of the private way and authorize the
association to assess fees for the costs of maintenance and repair. The association
documents shall include the Articles of Incorporation filed with the Secretary of State, the
bylaws and any associated declaration or deed covenants requiring membership in the
homeowners' association.

(c) Sample deeds for lots associated with the private way showing evidence of homeowners'
association.

B. No building permits shall be issued if fees due under this chapter are unpaid.

C. No building permits shall be issued until the road is constructed to a passable standard for safe egress
as determined by the Code Enforcement Officer and/or the Fire & Rescue Department. [Amended at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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City of Westbrook, ME

§ 335-13.1 LAND USE § 335-13.1

ARTICLE XIII
Subdivision and Site Plan Review
[Added 7-1-2019 by Ord. No. 2019-98 38]

§ 335-13.1. Subdivision and site plan review process.

A. Reviewing authority. The Planning Board shall be responsible for subdivision and site plan reviews
unless otherwise stated in this chapter. In this capacity, the Planning Board, or its designee, shall act
in accordance with the provision outlined in Chapter 7, Article I, of the City Code, establishing the
Planning Board.

B. Review process. The following is an overview of the subdivision and site plan review process:

(1) Preapplication conference;

(2) Neighborhood meeting;

(3) Sketch plan. Sketch plan review may be required at the discretion of the City Planner and
Planning Board Chair based on the complexity of the project and does not constitute substantive
review of an application for purposes of 1 M.R.S.A. § 302. The purpose of the sketch plan is to
obtain preliminary feedback from the Planning Board and the public on the proposed project;
and

(4) Final plan.

C. Applications.

(1) Application; notice; completed application. This subsection governs the procedure to be
followed after receiving an application for a proposed subdivision and site plan review.

(a) When an application is submitted, the City Planner shall schedule an application review
conference for the following week.

(b) When an application is received, the municipal reviewing authority shall:

[1] Give a dated receipt to the applicant.

[2] Notify by mail all property owners within 500 feet of any portion of the property
submitted for subdivision and site plan review; public and private rights-of-way do
not limit the 500-foot distance measurement.

[3] Notify by mail the City Clerk and the reviewing authority of municipalities that abut
or include any portion of the subdivision or site plan.

(c) Within 30 days after receiving an application, the municipal reviewing authority shall
notify the applicant, in writing, either that the application is complete or, if the application
is incomplete, the specific additional material needed to complete the application.

(d) After the municipal reviewing authority has determined that a complete application has
been filed, it shall begin its full evaluation of the proposed subdivision and site plan.

(e) The municipal reviewing authority may not accept or approve final plans that are not

38. Editor's Note: Ordinance No. 2019-98 also repealed original Ch. V, Subdivision and Site Plan Review, of the Land Use Ordinance.

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City of Westbrook, ME

§ 335-13.1 LAND USE § 335-13.1

sealed and signed by the professional land surveyor or professional engineer under whose
responsible charge they were completed.

(2) Public hearing; notice. If the municipal reviewing authority decides to hold a public hearing on
an application for site plan or subdivision approval, it shall hold the hearing within 30 days after
determining it has received a complete application. The municipal reviewing authority shall give
notice of the date, time and place of the hearing:

(a) To the applicant; and

(b) By publication, at least two times, in a newspaper having general circulation in the
municipality in which the subdivision is proposed to be located. The date of the first
publication must be at least seven days before the hearing.

(3) Decision; time limits. The municipal reviewing authority shall, within 30 days of the public
hearing or, if no hearing is held, within 60 days of determining it has received a complete
application, or within any other time limit that is otherwise mutually agreed to with the
applicant, issue one of the following decisions:

(a) Deny approval of the proposed site plan or subdivision.

(b) Grant approval of the proposed site plan or subdivision.

(c) Grant approval, subject to terms and conditions that it considers advisable, in order to:

[1] Satisfy the criteria listed in 30-A M.R.S.A. § 4404;

[2] Satisfy any other regulations adopted by the municipality; and

[3] Protect and preserve the public health, safety and general welfare.

(4) Approval expiration.

(a) Site plan approval expires unless the work necessary to accomplish the purpose for which
it was requested is commenced within one year and completed within two years after the
date of Planning Board approval or is completed in accordance with a phased completion
schedule proposed by the applicant and approved by the Planning Board, as incorporated
in the final approval. Failure to complete a subsequent phase within the required period
shall also have the effect of causing the permit to expire. Deadline dates for phased
developments shall be established at the time of approval.

(b) Any applicant may come back before the Board and request a permit extension.

[1] An extension request must occur within one year after approval was granted.

[2] An extension of the completion date established for the project must be requested
within two years after the project was approved by the City.

[3] The Planning Board may deny any requests for additional extensions after the second
extension if it determines that substantial work has not occurred on the project during
the extension periods and the applicant is unable to show good cause for such delay.

(5) Appeal. The applicant, abutting landowner, or aggrieved party may appeal a site plan/
subdivision review decision of the Planning Board to the Superior Court of the State of Maine
within 30 days of the final Planning Board decision.

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City of Westbrook, ME

§ 335-13.1 WESTBROOK CODE § 335-13.1

D. Joint hearing and application. If a proposed final plan requires both subdivision and site plan review,
the applicant must apply for a joint review of the final plan. Procedures for both subdivision and site
plan review must be met in order to initiate the review and hearing process.

E. Change in ownership. Where there is a change in ownership of a project after approval has been
granted and prior to the completion of all required improvements, the Board may request new
financial capability information, as well as other factors that the Board deems necessary because of
changing conditions.

F. Notification costs. The applicant shall incur all costs for notices and public hearings conducted
pursuant to this article.

G. Revision to approved plans. When an applicant applies for approval of a revision to a plan approved
by the Planning Board, such application shall, in all respects, follow the procedures and satisfy the
requirements of this article. All appropriate changes must be in accordance with this chapter.

H. Fees for consulting, review and inspection.

(1) Notwithstanding any other provision(s) of this chapter to the contrary, and in addition to such
fees as are otherwise specified by this chapter, the City shall assess fees to cover 100% of its
costs related to independent geotechnical, hydrologic, engineering, planning, legal, and similar
professional consulting services incurred in the review of site plan and subdivision applications.
Such fees shall be subject to the following limitations:

(a) Such fees shall only be as expressly provided by this chapter;

(b) Such consultation shall be limited to reasonable and necessary review, as allowed by the
pertinent ordinance, which exceeds the expertise of City staff or their ability to review the
application materials within the time limits otherwise required by law or ordinance.

(c) Such fees shall be assessed only to recover costs directly associated with review of the
application submitted by the applicant to whom they are assessed;

(d) Such fees shall be reasonable in amount, based upon the consulting time involved and the
complexity of the review;

(e) The results of the consultation for which such fees are assessed shall be available for
public review, but such results shall be deemed to have been made solely for the benefit of
the City of Westbrook and shall remain its property; and

(f) Such fees shall be assessed for the privilege of review and shall be payable without regard
to consultation results or the outcome of the application.

(2) An escrow account shall be established with the City by the applicant to guarantee payment in
advance of actual fees assessed pursuant to this chapter. The original deposit shall be an amount
specific to the application, as accorded elsewhere in this chapter. If the balance in the escrow
account shall be drawn down by 75%, the City shall notify the applicant and require that an
additional amount be deposited to cover the cost of remaining work before any such remaining
work is undertaken. The City shall continue to notify the applicant and require that any such
additional amount(s) be deposited whenever the balance of the account is drawn down by 75%
of the original deposit. Any excess amount deposited with the City in advance shall be promptly
refunded to the applicant after final action on the application.

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City of Westbrook, ME

§ 335-13.1 LAND USE § 335-13.2

(3) Any dispute regarding the application of this chapter or the amount required to be paid, either
in advance or upon completion, may be appealed, in writing, within 10 days to the City
Administrator. The City Administrator, after due notice and investigation and for good cause
shown, may affirm, modify, or reverse the disputed decision or reduce the amount assessed.

(4) In an effort to minimize the use of outside or independent consulting, the provisions of this
chapter shall be subject to the following additional limitations:

(a) The City Engineer will devote no less than two hours, if needed, to each development
project and, if in the City Engineer's sole judgment his/her work load permits, he/she may
work additional time on an individual development project without referring it to outside
or independent consulting, but the City shall charge for such additional time at a rate
determined by the City Council on a fee schedule adopted for that purpose; and

(b) The City Planner will devote no less than four hours, if needed, to each development
project and, if in his/her sole discretion his/her work load permits, he/she may devote
additional time to a project without referring it to outside or independent consulting, but
the City shall charge for his/her time at a rate determined by the City Council on a fee
schedule adopted for that purpose; provided, however, in his/her sold discretion, he/she
may immediately refer to outside or independent consulting any major subdivision having
five or more lots or dwelling units or any major site plan.

(5) Prior to issuance of a street opening permit, or the first permit required for the project, the
applicant shall pay to the City a site improvement inspection fee equal to the amount of 2% of
the site improvement costs. This shall be separate from building permit fees, which cover
inspection of buildings. While this requirement applies to both subdivision and site plan
approvals, a project with both subdivision and site plan approval is subject to a single site
improvement inspection fee.

(6) This chapter shall be administered by the City Planner or other City employee responsible for
administering the ordinance under which review is sought. No building permit or certificate of
occupancy may be issued nor subdivision plat released until all fees assessed hereunder have
been paid in full.

§ 335-13.2. Waiver provisions.

A. Factors which may be waived include, but are not limited to, final plan submission requirements;
design standards for streets or sidewalks; stormwater management requirements; erosion and
sedimentation requirements; public open space requirements; appearance assessment; and solar
access design.

B. Process.

(1) The applicant shall meet with appropriate City staff to discuss potential waivers.

(2) The City staff shall make recommendations to the Planning Board concerning any requested
waiver.

(3) When the Board determines that the application is acceptable for review, it shall also determine
which waivers are approved.

C. Waiver criteria. The Planning Board may waive the requirements of subdivision or site plan review,
provided that the waiver does not result in:

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City of Westbrook, ME

§ 335-13.2 WESTBROOK CODE § 335-13.3

(1) Undue water or air pollution.

(2) An inadequate water supply.

(3) Unreasonable soil erosion.

(4) Unreasonable traffic congestion or safety risk.

(5) Inadequate sewage disposal capacity.

(6) Inadequate solid waste disposal capacity.

(7) An adverse impact on scenic or natural beauty, aesthetics, historic sites, or rare or irreplaceable
natural areas.

(8) Substantial nonconformance with this chapter or the Comprehensive Plan.

D. Affordable housing waiver. The Planning Board may waive development impact fees in return for the
creation of affordable housing. The Board shall reduce the fee based on the number of units that shall
be sold or rented on the market at 80% of median price or rent for the Greater Portland area, as
established by MSHA or HUD, respectively.

§ 335-13.3. Subdivision review.

A. Purpose. The subdivision review process is designed to protect the public health and safety, promote
the general welfare of the community, and conserve the environment by assuring that subdivision
development is designed and developed in a manner which assures that adequate provisions are made
for the traffic safety and access; emergency access; water supply; sewage disposal; management of
stormwater, erosion and sedimentation; protection of groundwater; protection of the environment,
wildlife habitat, fisheries, and unique natural areas; protection of historic and archaeological
resources; minimizing the adverse impacts on adjacent properties; and fitting the project
harmoniously into the fabric of the community.

B. Applicability. Subdivision review is required for any project that meets the definition of a subdivision
set forth in 30-A M.R.S.A. § 4401 or any project that seeks an amendment to a subdivision previously
approved by the Planning Board.

C. Authority. In accordance with Maine Revised Statutes Annotated, the power to grant subdivision
approval is vested in the Planning Board, which is the municipal reviewing authority.

D. No building permit without subdivision approval; required Mylar submission and recording. The
Code Enforcement Officer shall not issue any permits until a subdivision plan has been approved by
the Planning Board and a Mylar signed by the Planning Board. Signed Mylars must be recorded with
the Cumberland County Registry of Deeds within 90 days of Planning Board approval or the approval
shall be null and void. The period for recording of the Mylar may be extended by the Planning Board
as part of the subdivision approval or any time prior to the expiration for any of the following reasons:

(1) The applicant is still seeking other required approvals or permits.

(2) An appeal of the subdivision approval has been filed.

(3) The applicant has not finalized financing for the subdivision.

E. Recording and construction prohibited. A subdivision plan may not be recorded in the Cumberland

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City of Westbrook, ME

§ 335-13.3 LAND USE § 335-13.3

County Registry of Deeds, nor shall utility installation, ditching, grading, tree removal, site
preparation or construction of any structure be commenced on a subdivision until the Board has
approved the final plan and the performance bond is in place.

F. Subdivision submission requirements.

(1) Sketch plan requirements. The following information is required for subdivision sketch plan
review:

(a) Names of property owner, applicant, project and consultant(s); for subdivisions of five or
more (lots or) units, a multidisciplinary design team comprising a landscape architect,
surveyor, and engineer is required for the design of the project layout;

(b) Date, North point, scale;

(c) Perimeter boundary, locations reserved for future development;

(d) Tentative easements or rights-of-way locations, lot lines, lot numbers, lot acreage;

(e) Estimated soil boundary locations from the United States Department of Agriculture's Soil
Survey of Cumberland County, Maine, as revised, noting areas of severe and very severe
soil limitations, as applicable;

(f) Land cover areas (e.g., woods, fields);

(g) Topographic features, including areas of steep slopes, bedrock outcrops, ponds, streams,
aquifers, groundwater areas, and recharge floodplain areas in accordance with the Federal
Emergency Management Administration Program. Acceptable data for the sketch plan
submission can also be obtained from sources such as the USGS and NWI;

(h) Location of existing and proposed structures;

(i) Names and addresses of abutting landowners;

(j) Special conservation and recreation areas;

(k) Locator map;

(l) Nonrefundable sketch plan application fee in an amount established by the City Council;
and

(m) An electronic copy of all application materials in a format acceptable to the City Planner.

(2) Final plan requirements. The following additional information is required for subdivision final
plan review:

(a) Application information. An applicant for subdivision must submit the following as part
of the final plan:

[1] Project name;

[2] Name, address, phone number of applicant and owner;

[3] Name, address, phone number of authorized representative;

[4] Name, registration number, address, phone number of engineer, surveyor, architect,

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City of Westbrook, ME

§ 335-13.3 WESTBROOK CODE § 335-13.3

landscape architect or planner;

[5] Interest of applicant in property;

[6] Tax Map and lot numbers;

[7] Zoning;

[8] Acreage to be developed;

[9] Encumbrances currently affecting the property, including but not limited to
covenants, deed restrictions, easements, or rights-of-way, existing or planned;

[10] Existing use of the property;

[11] Variances requested of the Zoning Board of Appeals;

[12] A cost estimate and financial capacity statement from a financial institute confirming
the ability of the applicant to carry out the project;

[13] Where a septic system is proposed, evidence of soil suitability by a certified soils
scientist or evaluator;

[14] Nonrefundable final plan application fee in an amount established by the City
Council; and

[15] Electronic copy. An electronic copy of all application materials shall be submitted
with the initial and each subsequent submission. This shall be in a file format
acceptable to the City Planner.

(b) Map requirements. The final plan shall consist of one Mylar for recording purposes, and
15 prints to be retained by the City, with a maximum size of 24 inches by 36 inches at a
scale between one inch equals 40 feet and one inch equals 100 feet, and to include:

[1] Name of subdivision, Tax Map and lot numbers;

[2] Scale, date, North point, acreage, number of lots;

[3] Boundaries of tracts with accurate distances and bearings, location of all permanent
monuments properly identified as existing or proposed, and certification by a
licensed land surveyor that the land has been surveyed and the boundaries
established;

[4] Zoning requirements, proposed project and yard dimension calculations in relation to
existing zoning standards;

[5] Names of owner, engineer and surveyor and professional registration numbers of
those who prepared the plan;

[6] Names and addresses of abutting landowners;

[7] Name, location, width of paving and rights-of-way, profile, cross-section

dimensions, curve radii of all existing and proposed streets; profiles of center lines of
proposed streets, of a horizontal scale of one inch equals 50 feet and a vertical scale
of one inch equals five feet, with all elevations referred to USGS datum and

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City of Westbrook, ME

§ 335-13.3 LAND USE § 335-13.3

appropriate GIS reference, as noted in Subsection F(2)(b)[24];

[8] A general road plan noting circulation, direction, traffic control devices,
streetlighting, and type of lighting proposed;

[9] Accurate dimensions of rights-of-way, length and bearing of lot lines, lot areas,
length or radii of horizontal curves, lot numbers, and building setbacks;

[10] Existing and proposed easements and dedications associated with the subdivision;

[11] Type, location, profile and cross section of all existing and proposed drainage, both
within and adjacent to the subdivision, and description of stormwater management
plan;

[12] Location of features, natural and man-made, affecting the subdivision, such as water
bodies, streams, swamps, wetlands (consistent with Army Corps and Department of
Environmental Protection requirements), vegetation, railroads, ditches, buildings,
and areas of soils with severe or very severe limitations;

[13] Location of existing and proposed utilities, including, but not limited to, water,
sewer, electrical lines, telecommunications lines and profiles of all underground
facilities;

[14] Existing and proposed location, size, profile and cross section of sanitary sewers;
description, plan and location of other means of sewage disposal with evidence of
soil suitability;

[15] Topography with contours at elevation intervals of not more than two feet;

[16] On land one acre or less in size, the location of all existing trees 24 inches or more
dbh, to be retained and those to be removed; on land over an acre in size, all areas of
tree preservation, groves of important species and those trees, outside of preservation
areas and 24 inches or more dbh, to be retained or to be removed;

[17] Existing and proposed locations, widths, and profiles of sidewalks and walking
paths;

[18] Location map;

[19] Approximate location and dimensions of specified parking areas;

[20] Proposed ownership and approximate location and dimensions of open spaces for
conservation and recreation;

[21] Grading and erosion control; proposed finish grades, slopes, swales and ground cover
or other means of stabilization;

[22] Landscaping plan; for subdivisions of five or more units, a landscaping plan stamped
by a landscape architect is required;

[23] Reference to special conditions as stipulated by the Planning Board, on the plan or
identified as specific documents filed with the Board;

[24] Digital transfer of any subdivision data in GIS format on the City's Horizontal
Datum: Maine State Plane Coordinate System: Maine West Zone 4101, FIPS Zone

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City of Westbrook, ME

§ 335-13.3 WESTBROOK CODE § 335-13.3

1802, North American Datum 1983; Units: Feet; Vertical Datum: National Geodetic
Vertical Datum, 1929;

[25] Digital transfer on a compact disc (CD) of any subdivision data in computer aided
design (CAD) format as a .dwg file;

[26] Waivers and conditions of approval granted by the Planning Board; and

[27] If needed, additional copies (on 11 x 17 sized paper) of the overall subdivision plan
sheet for review by the Recreation and Conservation Commission.

(c) Supporting documents. Prior to approval, the following supporting documents are
required, as applicable:

[1] Legal documents including, but not limited to: easement or rights-of-way associated
with the subdivision, deed or covenant restrictions, homeowners' association bylaws,
and easements.

[2] Any required permit from the Department of Environmental Protection, Marine
Resources, Army Corps of Engineers, or Department of Inland Fisheries and
Wildlife, wherever applicable.

[3] Any additional statements or studies required by the Planning Board which are
deemed necessary in accordance with this chapter, including but not limited to the
following:

[a] A statement by a professional engineer, licensed in the State of Maine, as to the

adequacy of the stormwater management program to serve the watershed area
within which the project is listed.

[b] A statement from the Portland Water District of conditions under which the
District will supply water, and approval of the size and location of mains,
valves and hydrants proposed. Responsibility for such design shall remain with
the Portland Water District and any other appropriate agencies.

[c] A statement from the Fire Chief approving the number, size, and location of
hydrants, available pressure levels, road layout and street and project name and
any other fire protection measures to be taken.

[d] A statement by the Westbrook Sewer District through the Public Services
Department of the conditions under which the District will provide sewage
disposal services and approval of the diameter, slope, and invert elevations of
the sanitary sewers proposed within the subdivision or a statement relative to
the septic tank pumping capacity of the sewage disposal system. [Amended at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[e] A statement by the Public Services Department relative to all street and
appropriate utilities designs.

[f] A statement from the Police Chief relative to traffic circulation.

[g] A statement from the Recreation and Conservation Commission relative to

issues of open space and recreation areas.

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City of Westbrook, ME

§ 335-13.3 LAND USE § 335-13.3

[h] A statement from the Public Services Director addressing any plan for solid
waste removal and recycling.

G. Subdivision general provisions.

(1) Unusable land. Unusable land as defined in § 335-1.8 of this chapter may not be considered in
the determination of buildable lots but it may, with the approval of the Planning Board, be
designated for parks or other open or common space, provided that there is no danger to health
or safety.

(2) Preservation of natural areas. The Planning Board may require that the plan of a proposed
subdivision provide for the preservation or enhancement of natural features such as
watercourses, trees with diameter in excess of 10 inches, scenic vistas, and wetland areas.
Streets and lots must be laid out so as to take advantage of natural topography and southerly
exposure. Wherever possible, extensive grading and filling must be avoided.

(3) Design standards for streets and private rights-of-way. All streets in a proposed subdivision
must be constructed to the following specifications, and the cost of construction must be paid
by the applicant. All streets and private ways must be designed by an engineer licensed in the
State of Maine. The plan and profile of the design must be approved by the City Engineer.

Arterial Collector Local Street Private Way

Minimum right-of-way 120 feet 60 feet 50 to 60 feet 50 feet

Minimum width of (4) 12-foot traffic lanes (2) 12-foot traffic lanes 24 feet 20 feet
pavement

Minimum grade 0.5% 0.5% 1% 1%

Maximum grade 0.6% 8% 8% 8%

Maximum grade at 3% 3% 3%
intersections

Minimum angle of 60° 60° 60° 60°

intersections

Minimum center line 200 feet 200 feet 100 feet 200 feet
radius curves

Minimum paved shoulder 10 feet 8 feet 1 foot 1 foot

width

Minimum road base

Excavation subbase 24 inches 21 inches 21 inches 21 inches

Compacted-gravel upper 21 inches 18 inches 18 inches 18 inches

base

Crushed gravel 3 inches 3 inches 3 inches 3 inches

Bituminous concrete
lower base

12.5 mm or 19 mm 2 inches to 4 inches 1 3/4 inches to 2 inches 1 1/2 inches 1 1/2 inches
Superpave top

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City of Westbrook, ME

§ 335-13.3 WESTBROOK CODE § 335-13.3

Arterial Collector Local Street Private Way

9.5 mm or 12.5 mm 1 1/2 inches to 1 3/4 1 1/2 inches to 1 3/4 1 1/4 inches to 1 1/2 1 1/4 inches to 1 1/2
Superpave inches inches inches inches

Minimum underdrain 4 inches 4 inches 4 inches 4 inches

Property line minimum 20 feet 20 feet 20 feet 20 feet

radii at intersection

Road crown minimum 1/4 inch per foot 1/4 inch per foot 1/4 inch per foot 1/4 inch per foot

Curb radii at intersection

90° intersection 25 feet 25 feet 25 feet 25 feet

Less than 90° intersection 30 feet 30 feet 30 feet 30 feet

Sidewalks

Minimum width 5 feet 5 feet 5.5 feet 0

Compacted gravel base 12 inches 12 inches 12 inches

course

Top (Approval of City Engineer)

(a) Streets and future planning. The street design must provide for proper continuation of
streets from adjacent subdivisions and built-up areas. Street design must also provide for
streets projected to lead into affected land and for future streets in conformance with the
Comprehensive Plan.

[1] Minor streets. Minor streets must be designed to discourage through traffic.

[2] Street intersections. There must be maximum center line length of 500 feet between
street intersections.

[3] Dead-end streets and private rights-of-way. A dead-end street or private way shall
have a maximum length of 800 feet with either a cul-de-sac with a minimum turning
radius of 35 feet or a T-intersection utilizing a thirty-foot by thirty-foot hammerhead.
A dead-end street, either public or private, may not begin from any point along
another existing or proposed dead-end street. A private right-of-way may only be
taken off a City Street, while a driveway may be taken off either a private right-of-
way or a City street.

[4] Street construction over ledge. Where street construction is over ledge, a minimum
of 15 inches of compacted gravel is required for the subbase. If deemed necessary,
the City may require more than 15 inches of compacted gravel.

[5] Street impact. The applicant is responsible for the assessment and improvement of
other street systems that would suffer direct and continued impact from the proposed
development. If the Planning Board finds it necessary, the applicant shall undertake
to improve, repair, or reconstruct the street systems. This assessment will look at
speed, volume, type of vehicles, peak periods and critical rate factors.

[6] Curbs. Granite curbing is required for all new streets.

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City of Westbrook, ME

§ 335-13.3 LAND USE § 335-13.3

[7] Sidewalks. All projects shall have an internal sidewalk system that makes
connections to existing systems whenever possible.

[8] Pavement. Where private rights-of-way and driveways connect with a City street, the
private right-of-way or driveway must have a paved apron with a minimum depth
and width of 20 feet to reduce impacts to City streets.

(4) Water supply. Where it is proposed to connect the project with the public water supply, a water
main of at least eight inches in diameter is required. The main must be designed and installed
with the approval of the Portland Water District. The cost of installation shall be borne by the
applicant. During subdivision design, and prior to final plan submission, the applicant shall
complete an analysis of water demand in accordance with community impact requirements.

(5) Sewage disposal. One of the following requirements for sewage disposal must be met:

(a) Off-site disposal. Sewer lines not less than eight inches in diameter must be designed for
all off-site disposal. Final plan approval is subject to approval by the Portland Water
District and the Public Services Department. The applicant must pay all costs of
installation and analysis.

(b) On-site disposal. If the municipal sewer system is not available, a description of the
proposed sewage disposal system is required. The testing for, and design of, this system
must meet standards established by the State of Maine.

(c) Communal septic systems. Communal septic systems are permitted for cluster housing
developments only. Such systems shall meet all state and local requirements.

(6) Stormwater management, groundwater pollution and erosion/sedimentation requirements.

(a) Stormwater management plan. The stormwater management plan must be included in the
final plan application. The primary objective of the program is to limit peak discharge,
after development, to equivalent levels before development. In the development of the
plan, the following practices are required:

[1] Peak discharge measurement. Peak discharge must be measured for the two-, ten-
and twenty-five-year storm period. Estimation of the peak discharge and volume
must be completed, using HydroCAD software based on the Department of
Agriculture's TR-55 "Urban Hydrology for Small Watersheds" (1986) standards, as
from time to time updated. The engineering design must include provisions for
surface and subsurface runoff, especially where the displacement of surface and
subsurface water is involved. Preconstruction and post-construction water flow
estimates and estimates of surrounding watershed impact and displacement of
subsurface water are required.

[2] Reduction of peak discharge. In reducing peak stormwater runoff so as to maintain

preconstruction water flow levels, the management plan must include techniques to
detain water on the proposed site by, but not limited to:

[a] Minimizing slope length through trenching and maintaining flat slopes where
possible.

[b] Infiltrating precipitation at the source prior to runoff, which may be

accomplished by delaying runoff from flat roofs, utilizing stone drains for low-

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City of Westbrook, ME

§ 335-13.3 WESTBROOK CODE § 335-13.3

water-table soils, or precast concrete lattice blocks and bricks.

[c] Increasing the flow length by using diversion ditches and level lip spreaders.

[d] Infiltrating runoff after concentration in dry wells or trenches, natural swales or
dugout basins, seepage beds or ditches, where there are low water flows.

[e] Delaying runoff by using detention ponds for short-term storage of runoff, or
permanent retention ponds for long-term storage. Embankments for such ponds
must have a slope ratio of no less than four units horizontal to one unit vertical.

[3] Construction standards. In developing storm drainage plans, the following

construction standards apply:

[a] Shoulders beyond the pavement must be compacted and stabilized, and
stormwater runoff from adjoining properties and from the roadway must be
conducted so that road shoulder embankments and pavement edges will not be
undermined or eroded.

[b] Storm drain culverts and conduits must be at least 12 inches in diameter or
larger if required by the City.

[c] Depending on conditions, storm drains must be laid with a cover depth of at
least 24 inches.

[d] Headwalls, catch basins, manholes and all other elements of the storm drain
system must be constructed according to specifications approved by the Public
Services Department. Catch basins must be located to accept drainage from all
low points and sags in the roadway, and to prevent stormwater from flowing
along the gutters for more than 400 feet.

[e] Construction standards shall also incorporate methods by which contaminants

in stormwater are removed prior to leaving the development site.

[f] Best management practice standards shall be followed for the treatment of
stormwater quality such that all potential toxins or contaminants are removed
before the stormwater leaves the property.

[4] Improvement costs. If the development depends upon stormwater control which
affects the existing system, whether natural or man-made, all costs of improvements
shall be paid for by the applicant.

[5] Impact of individual lot development. The developer shall set base elevations for
individual foundations and identify on-site drainage paths to ensure that subsequent
development does not impede drainage or result in excess stormwater on an
individual lot.

(b) Groundwater pollution. The Planning Board shall require the applicant to demonstrate that
there will be no adverse effect on subsurface water quality. The applicant may have to
establish present water quality conditions and install a monitoring system. Standards for
assessment will include nitrate loading.

(c) Erosion and sedimentation plan. A subdivision plan must include a plan for erosion and
sedimentation control during and after the construction period. The range of erosion and

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City of Westbrook, ME

§ 335-13.3 LAND USE § 335-13.3

sedimentation control options to be incorporated in the plan is stated below. Any

individual option or combination is acceptable, as long as it is considered in relation to the
overall stormwater management plan.

[1] Prevention of erosion. Prevention of erosion on construction sites may be

accomplished by, but not limited to:

[a] Minimizing the area of exposed fill, soil or subsoil, and the exposure time.

[b] Seeding critical sediment-producing areas for a period of two months to 12

months.

[c] Preserving vegetation at critical sediment-producing and sediment entrapment

locations.

[d] Using contoured cross-slope ground preparation by rototilling, harrowing,

fertilizer spreading, or hydrofertilizing and seeding.

[e] Utilizing erosion controls applicable to road construction and construction sites.

[f] Installing temporary graded channels with ridges on the downhill side to
intercept surface water that may be used in conjunction with temporary chutes
or flexible downdrains.

[g] Installing temporary checkdams on all waterways draining more than 1/2 acre
of land under construction by using straw-bale checks with filter-fabric fence,
filter-fabric fence alone or filter-fabric fence with wire fence, or other device
deemed appropriate by the City.

[2] Fine-grained sediment. The applicant shall use a combination of sediment basins,
filter fences, vegetation, tillage, topsoiling or crushed stone or gravel in controlling
fine-grained sediment.

[3] Entrapment and disposal of sediment from runoff prior to discharge. For entrapment,
the applicant may use existing vegetation, sediment basins, and sediment traps.
Trapped materials may be used for topsoil or fill for the project.

[4] Stabilization of critical areas. In order to prevent erosion, the stabilization of critical
areas using mulching, sod, existing vegetation, or new vegetation is required.

[5] Design and stabilization of drainage channels. The plan must provide for the design
and stabilization of drainage channels. Channel construction may include grassed
waterways, riprap and permanent diversions to reduce velocity. Design should also
incorporate structures at pipe conduit outlets to de-energize water movement, such as
plunge pools, aprons or level lip spreaders. Any plan for drainage channels should
include a program for maintenance.

[6] Stabilization of stream channels and banks. The program must provide for the
protection of existing stream channels by utilizing vegetation, riprap, obstruction
removal, bank sloping, or other acceptable method.

[7] Removal of excess subsurface water. Where appropriate, the use of subsurface water
storage is required. High water tables in the City will require designs which address
points of discharge, storage capacity, and potential impact.

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City of Westbrook, ME

§ 335-13.3 WESTBROOK CODE § 335-13.3

[8] Revegetation. The applicant must include a plan for the preservation of existing
vegetation, selective clearing, and revegetation as part of the erosion and
sedimentation control plan.

(7) Utility easements. All utilities shall be underground. Easements for utilities at least 15 feet wide
must be provided, either within or outside the subdivision. The applicant is required to install
underground conduits and other necessary subsurface structures to provide underground power,
internet, phone service, and other telecommunications services, including, but not limited to,
television cable, throughout the subdivision. Underground structures must be constructed
according to the requirements of the appropriate utility company.

H. Additional requirements.

(1) Public open space.

(a) Reservation of land. The Planning Board shall require the reservation of land for parks,
playgrounds, or conservation areas to benefit the public or residents of the proposed
development. The reserved land must be of suitable dimension, topography, and general
character for the proposed recreational use and must be reasonably accessible to residents
of the development. It must be designated on the plan as "Reserved for Conservation or
Recreation Purposes."

[1] The area to be reserved must be determined according to the following table:

Percentage of Development Tract to be

Average Size of Single Family Reserved for Recreation Purposes
80,000 square feet or greater 1.6%
40,000 square feet 3.3%
20,000 square feet 6.5%
15,000 square feet 8.7%
10,000 square feet or less 13.02%
Multiple-family units 300 square feet per unit

[2] The applicant shall improve reserved land according to the requirements of the
Planning Board. In determining these requirements, the Board shall consider the
Comprehensive Plan, and the long-range plans and recommendations of the
Recreation and Conservation Commission.

(b) Fee in lieu of land. Where a developed conservation or recreation area exists near a
proposed subdivision, an applicant may make a cash contribution to the City, in lieu of
land reservation, for the purpose of further improving the recreational area to benefit the
proposed development.

[1] The contribution must equal the per-acre value of an undeveloped housing site, as set
by a disinterested appraiser who is satisfactory to the Planning Board, multiplied by
the required area for reservation according to the table above.

[2] The funds must be used for improvement of the recreation or conservation area, as
mutually agreed by the applicant and the Planning Board, and placed into a dedicated

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City of Westbrook, ME

§ 335-13.3 LAND USE § 335-13.3

account for the agreed-upon recreation or conservation purpose.

(c) Recreation landownership. As soon as the use of the recreation or conservation land has
been established, the means of future ownership and control must be determined. The
following alternatives are available, as agreed upon by the applicant and the Planning
Board:

[1] The land may be held and maintained in common by the future owners of the
development, under the bylaws of a homeowners' association, as approved by the
Planning Board.

[2] It may be held and maintained in perpetuity by a conservation trust or other suitable
private organization. It may be deeded to the City for future maintenance and
improvement, if acceptable to the City.

(2) Performance guarantee.

(a) As a condition of final approval for subdivision, the applicant, in accordance with the
conditions of the final approval, must file a performance guarantee with the City.

(b) Prior to the start of any construction, the applicant shall deliver either a certified check
payable to the City, a performance bond running to the City, or a letter of credit running to
the City in amount and form acceptable to the City. The check, bond or letter of credit
must equal at least the total cost of furnishing, installing, connecting and completing all
appropriate construction items within two years of its date.

(c) Appropriate construction items include, but are not limited to, all public infrastructure
items such as roads, sidewalks, utilities, recreation facilities.

(d) Release of check or guarantee. Before releasing a check or bond the City must obtain the
following:

[1] A statement by the Public Services Department that all street and storm drain systems
have been constructed and completed in conformance with the final plan.

[2] A statement by the Westbrook Engineer that all sewage disposal systems have been
constructed and completed in conformance with the final plan.

[3] A statement by the Superintendent of the Portland Water District that all water mains
and hydrants have been installed and completed in conformance with the final plan.

[4] A statement by a land surveyor, licensed in the State of Maine, that all permanent
boundary monuments on street and lot lines have been installed in the locations
designated on the final plan. The cost of obtaining this statement shall be borne by
the applicant. In releasing the check or bond, the City shall provide the applicant with
a certificate of compliance. At the discretion of the Planning or Public Services
Department, a phased release of the check or bond can be implemented. [Amended
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[5] An affidavit from the applicant confirming that all construction bills, and other
monies and credits owed as a result of the development activity have been paid to
their respective parties.

(e) Conditional agreement. The applicant may substitute for the performance guarantee a

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City of Westbrook, ME

§ 335-13.3 WESTBROOK CODE § 335-13.3

conditional agreement with the City. The agreement must be described on the final plan
and must include the conditions that:

[1] No lot in the subdivision may be sold; and

[2] The Code Enforcement Officer shall not issue a building permit for the construction
of a building on any lot in the subdivision until a certificate of compliance is issued.

(3) Driveway access to subdivision lots. If excessive slopes, sharp curves or other safety factors
exist, the applicant shall show planned driveway entrances onto streets shown on the final plan.
Additionally, the Board may require that driveways be shared.

(4) Monuments. The following permanent reference monuments must be installed:

(a) Granite. At all street corners and angles, granite reference monuments must be at least four
feet long, four inches square in width, have No. 6 rebar in their center, and have no more
or less than six inches, give or take an inch, exposed above the ground.

(b) Iron. Along all lot lines, No. 6 rebar iron reinforcement rods must be installed at 100-foot
intervals, must be at least four feet long, and must have no more or less than six inches,
give or take an inch, exposed above the ground.

(5) Watercourse easement. The Planning Board may require easements, established under and
maintained by a homeowners' association, or in its absence an environmental agency, for the
protection of natural watercourses. These easements must be at least 20 feet wide and described
on the final plan. Where improvements to natural watercourses are required, all costs shall be
paid by the applicant.

(6) Special flood hazard area.

(a) The applicant must show that land designated as special flood hazard area on the Flood
Insurance Rate Maps meets the following requirements:

[1] Proposed land use. That the proposed land use will not experience flood damage.

[2] Utility system. That all proposed public and private utility systems are constructed
by the applicant to minimize or eliminate flood damage.

[3] Drainage plans. That the drainage to be provided is adequate to reduce exposure to
flood hazards. Preliminary information concerning special flood hazard areas may be
drawn from Flood Insurance Rate Maps.

(b) The applicant must provide flood elevation data and show engineering justification when
identifying the location of the special flood hazard area.

(7) Appearance assessment. In preparing the final plan, the applicant shall incorporate the following
criteria to ensure the harmonious relationship of the project to surrounding properties, buildings,
and natural features. The following factors must be considered:

(a) Relationship of project to site. The plan must provide for smooth transitions between the
streetscape, driveway entrances, and project landscaping. Height and scale of proposed
structures must be consistent with existing structures.

(b) Relationship of project to surrounding property. The plan must provide for smooth

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City of Westbrook, ME

§ 335-13.3 LAND USE § 335-13.3

transitions between land, proposed structures, and surrounding properties. Compatible

transitions may achieved by utilizing screening materials, landscaping, and natural
topography.

(c) Relationship of landscape design. Landscape design includes all forms of planting and
vegetation, including existing vegetation, topography, water patterns, and utilitarian
structures such as, but not limited to, fencing and curbing. Wherever practicable, the
applicant shall maintain existing topography and vegetation. Landscaping must provide a
transition between buildings, parking, and pedestrian walkways while breaking up long
open areas and traffic patterns. Suitable plant material must be selected according to its
structure, texture, color, ultimate growth, and hardness. It should be equally effective in
winter and summer. The design may provide for the use of materials such as fences, walls
and a variety of paving types where there is difficulty in achieving vegetative growth.

(d) Relationship of lighting to project. The design, type, and location of streetlighting are to
be reviewed. The lighting materials must blend with the overall project scheme, enhancing
design and landscaping. Standards and fixtures must be compatible with surrounding
developments and, if maintained by a public utility, meet its requirements. Excessive
brightness must be avoided and lighting must be confined to areas in accordance with this
chapter.

(e) Relationship of signs to the project. Sign installation or modification must conform to this
chapter. Sign materials and design must be an integrated element of the overall site plan
and must blend with proposed landscaping. Signing must be compatible with surrounding
properties and not obstruct or interfere with the vision of drivers.

(f) Village review structure. Where a structure lies within the Village Review Overlay Zone,
the applicant must incorporate the standards of the Village Review Overlay Zone.39

(8) Development impact fees. The Planning Board may require the applicant to participate in
municipal infrastructure improvements. Where it is demonstrated that the applicant's proposed
development will result in a negative impact or decline in level of service of any existing
municipal infrastructure system or services, the Planning Board shall assess and establish the
applicant's level of participation in accordance with improvements of that system or service.

(9) The Planning Board may make additional requirements concerning trees, esplanades, public
walks, driveways, and similar public improvements that must be included in the final plan.

I. Solar access requirements. An applicant must take into consideration the solar orientation of proposed
housing units. In planning for solar contingencies, the applicant shall consider the following:

(1) Southerly exposure. When practicable, the project must utilize southerly exposure and
topography in lot layouts and building locations. Higher densities should be oriented towards
southerly exposures.

(2) Building design. Where the review of building elevations is appropriate, the applicant shall
incorporate into the building design a balanced solar exposure. The applicant shall identify
building techniques designed to minimize energy costs and shall consider the height and impact
on adjacent buildings.

39. Editor's Note: See § 335-7.1, Village Review Overlay Zone.

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City of Westbrook, ME

§ 335-13.3 WESTBROOK CODE § 335-13.3

(3) Landscape design. Landscape plans must include a reference to the vegetative impact on
exposure, solar access during colder periods and shade potentials during warmer periods. The
design, height, and canopy for all trees shall be taken into consideration.

J. Findings of fact. Prior to granting approval, the Planning Board shall make its findings of fact based
on the information provided by the applicant. The findings shall address the following:

(1) Standards. The Planning Board shall review the subdivision application to determine
compliance with the following standards:

(a) Pollution. The proposed subdivision will not result in undue water or air pollution. In
making this determination, the Planning Board shall at least consider the following:

[1] The elevation of the land above sea level and its relation to the floodplains;

[2] The nature of soils and subsoils and their ability to adequately support waste
disposal;

[3] The slope of the land and its effect on effluents;

[4] The availability of streams for disposal of effluents; and

[5] The applicable state and local health and water resource rules and regulations;

(b) Sufficient water. The proposed subdivision has sufficient water available for the
reasonably foreseeable needs of the subdivision;

(c) Municipal water supply. The proposed subdivision will not cause an unreasonable burden
on an existing water supply, if one is to be used;

(d) Erosion. The proposed subdivision will not cause unreasonable soil erosion or a reduction
in the land's capacity to hold water so that a dangerous or unhealthy condition results;

(e) Traffic. The proposed subdivision will not cause unreasonable highway or public road
congestion or unsafe conditions with respect to the use of the highways or public roads
existing or proposed and, if the proposed subdivision requires driveways or entrances onto
a state or state aid highway located outside the urban compact area of an urban compact
municipality as defined by 23 M.R.S.A. § 754, the Department of Transportation has
provided documentation indicating that the driveways or entrances conform to 23
M.R.S.A. § 704 and any rules adopted under that section;

(f) Sewage disposal. The proposed subdivision will provide for adequate sewage waste
disposal and will not cause an unreasonable burden on municipal services if they are
utilized;

(g) Municipal solid waste disposal. The proposed subdivision will not cause an unreasonable
burden on the City's ability to dispose of solid waste, if municipal services are to be
utilized;

(h) Aesthetic, cultural and natural values. The proposed subdivision will not have an undue
adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites,
significant wildlife habitat identified by the Maine Department of Inland Fisheries and
Wildlife or the City, or rare and irreplaceable natural areas or any public rights for physical
or visual access to the shoreline;

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City of Westbrook, ME

§ 335-13.3 LAND USE § 335-13.3

(i) Conformity with City ordinances and plans. The proposed subdivision conforms with a
duly adopted subdivision regulation or ordinance, comprehensive plan, development plan
or land use plan, if any. In making this determination, the Planning Board may interpret
these ordinances and plans;

(j) Financial and technical capacity. The subdivider has adequate financial and technical
capacity to meet the standards of this section;

(k) Surface waters; outstanding river segments. Whenever situated entirely or partially within
the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as
defined in 38 M.R.S.A. Chapter 3, Subchapter 1, Article 2-B, the proposed subdivision
will not adversely affect the quality of that body of water or unreasonably affect the
shoreline of that body of water.

[1] When lots in a subdivision have frontage on an outstanding river segment, the
proposed subdivision plan must require principal structures to have a combined lot
shore frontage and setback from the normal high-water mark of 500 feet.

[a] To avoid circumventing the intent of this provision, whenever a proposed

subdivision adjoins a shoreland strip narrower than 250 feet which is not lotted,
the proposed subdivision shall be reviewed as if lot lines extended to the shore.

[b] The frontage and setback provisions of this subsection do not apply either
within areas zoned as general development or its equivalent under shoreland
zoning, 38 M.R.S.A. Chapter 3, Subchapter 1, Article 2-B, or within areas
designated by ordinance as densely developed. The determination of which
areas are densely developed must be based on a finding that existing
development met the definitional requirements of 30-A M.R.S.A. § 4401,
Subsection 1, on September 23, 1983;

(l) Groundwater. The proposed subdivision will not, alone or in conjunction with existing
activities, adversely affect the quality or quantity of groundwater;

(m) Flood areas. Based on the Federal Emergency Management Agency's Flood Boundary and
Floodway Maps and Flood Insurance Rate Maps, and information presented by the
applicant, whether the subdivision is in a flood-prone area. If the subdivision, or any part
of it, is in such an area, the subdivider shall determine the 100-year flood elevation and
flood hazard boundaries within the subdivision. The proposed subdivision plan must
include a condition of plan approval requiring that principal structures in the subdivision
will be constructed with their lowest floor, including the basement, at least one foot above
the 100-year flood elevation;

(n) Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been
identified on any maps submitted as part of the application, regardless of the size of these
wetlands. Any mapping of freshwater wetlands may be done with the help of the local soil
and water conservation district;

(o) Farmland. All farmland within the proposed subdivision has been identified on maps
submitted as part of the application. Any mapping of farmland may be done with the help
of the local soil and water conservation district;

(p) River, stream or brook. Any river, stream or brook within or abutting the proposed

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City of Westbrook, ME

§ 335-13.3 WESTBROOK CODE § 335-13.5

subdivision has been identified on any maps submitted as part of the application. For
purposes of this subsection, "river, stream or brook" has the same meaning as in 38
M.R.S.A. § 480-B, Subsection 9;

(q) Stormwater. The proposed subdivision will provide for adequate stormwater management;

(r) Spaghetti lots prohibited. If any lots in the proposed subdivision have shore frontage on a
river, stream, brook, great pond or coastal wetland as these features are defined in 38
M.R.S.A. § 480-B, none of the lots created within the subdivision have a lot depth-to-shore
frontage ratio greater than five to one;

(s) Lake phosphorus concentration. The long-term cumulative effects of the proposed
subdivision will not unreasonably increase a great pond's phosphorus concentration during
the construction phase and life of the proposed subdivision;

(t) Impact on adjoining municipality. For any proposed subdivision that crosses municipal
boundaries, the proposed subdivision will not cause unreasonable traffic congestion or
unsafe conditions with respect to the use of existing public ways in an adjoining
municipality in which part of the subdivision is located; and

(u) Lands subject to liquidation harvesting.

[1] Timber on the parcel being subdivided has not been harvested in violation of rules
adopted pursuant to 12 M.R.S.A. § 8869, Subsection 14. If a violation of rules
adopted by the Maine Forest Service to substantially eliminate liquidation harvesting
has occurred, the Planning Board must determine prior to granting approval for the
subdivision that five years have elapsed from the date the landowner under whose
ownership the harvest occurred acquired the parcel. A municipal reviewing authority
may request technical assistance from the Department of Agriculture, Conservation
and Forestry, Bureau of Forestry, to determine whether a rule violation has occurred,
or the municipal reviewing authority may accept a determination certified by a
forester licensed pursuant to 32 M.R.S.A. Chapter 76. If the Planning Board requests
technical assistance from the Bureau, the Bureau shall respond within five working
days regarding its ability to provide assistance. If the Bureau agrees to provide
assistance, it shall make a finding and determination as to whether a rule violation
has occurred. The Bureau shall provide a written copy of its finding and
determination to the Planning Board within 30 days of receipt of the Planning
Board's request. If the Bureau notifies the Planning Board that the Bureau will not
provide assistance, the Planning Board may require a subdivision applicant to
provide a determination certified by a licensed forester.

[2] For the purposes of this subsection, "liquidation harvesting" has the same meaning
as in 12 M.R.S.A. § 8868, Subsection 6, and "parcel" means a contiguous area within
one municipality, township or plantation owned by one person or a group of persons
in common or joint ownership.

[3] This subsection takes effect on the effective date of rules adopted pursuant to 12
M.R.S.A. § 8869, Subsection 14.

§ 335-13.4. (Reserved)

§ 335-13.5. Site plan review.

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City of Westbrook, ME

§ 335-13.5 LAND USE § 335-13.5

A. Purpose. The site plan review process is designed to ensure that a given project fits harmoniously
with surrounding properties. Site plan review ensures that public infrastructure is adequate enough to
absorb the impacts of new or expanded developments by requiring the applicant to make such
improvements prior to moving forward.

B. Applicability. Site plan review is required for any project consisting of commercial, retail, industrial
or institutional structures, or multiple-family dwellings consisting of three or more attached dwelling
units, and their accessory uses and structures that exceeds 3,000 square feet of any combination of
the following within a five-year period:

(1) New structures.

(2) Expansions.

(3) Alterations.

(4) New or altered impervious cover.

C. Authority. The authority over site plan review is vested in the Westbrook Planning Board, unless
otherwise stated in this document.

D. No building permits may be issued without site plan approval; required Mylar submission. Mylars
must be submitted to the City within 90 days of Planning Board approval or the approval shall be null
and void. The Code Enforcement Officer shall not issue any permits until a site plan has been
approved by the Planning Board and a Mylar signed by the Planning Board.

E. Minor amendment to an approved site plan.

(1) A person seeking approval under this section shall submit a completed application form and
shall include a plan that shows the proposed changes and the existing conditions and a detailed
statement of how the proposed changes meet the criteria of this section.

(2) The applicant shall be responsible for paying the application fee set forth in Chapter A400,
Master Fee Schedule.

(3) A minor amendment to a Planning Board approved site plan may be reviewed administratively
by the City Planner, provided all the following requirements are met:

(a) The site plan was approved since adoption of this chapter (adopted February 9, 2004) and
has obtained no more than two administrative change approvals;

(b) The proposed change(s) would be located within existing structures, and there would be
no demolitions, or building expansions other than those permitted by Subsection E(3)(c)
of this section;

(c) Any necessary building expansion would have an increased maximum gross density factor
of no greater than 5%, there would be no increase in the number of dwelling units and the
proposed change(s) would require a minimal increase in paved surfaces;

(d) The proposed change(s) would not add curb cuts or driveways; would not disrupt the
circulation and parking on site; and would add no drive-through services;

(e) The curbs and sidewalks adjacent to the lot shall meet minimum requirements and shall be
in sound condition and sidewalks in good repair with uniform material and level surface

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City of Westbrook, ME

§ 335-13.5 WESTBROOK CODE § 335-13.5

and meet the accessibility requirements of the Americans with Disabilities Act;40

(f) The proposed change(s) would not increase parking demands as determined by
§ 335-13.6B or traffic generation as determined by the International Traffic Engineers Trip
Generation Manual, latest edition, and would result in no significant increase in hours of
operation;

(g) The proposed change(s) would not increase stormwater impacts to the site or to adjoining
properties;

(h) The proposed change(s) would not reduce screening from adjoining properties and would
not reduce the amount, intent or quality of landscaping; and

(i) The proposed change(s) would not increase demand on public or private utilities and
would pose no disturbance or require improvements within the public right-of-way.

(4) Based on the review of the proposed change(s), the City Planner may:

(a) Grant administrative approval of the proposed change, with or without conditions;

(b) Place the item on the consent agenda for Planning Board approval; or

(c) Determine that the proposed change is not minor and requires Planning Board approval of
a site plan amendment application.

(5) Changes to aspects of the approved site plan that were at issue during the approval process may
require Planning Board approval of a site plan amendment.

(6) Changes to any condition of approval placed by the Planning Board during its approval will
require review and approval by the Planning Board and cannot be approved under this section.

(7) A proposal that does not require Planning Board site plan review is not exempt from other
approvals or permits, nor is it an authorization for construction. The Code Enforcement Officer
will determine what other permits, such as a building permit, are to be required.

F. Site plan submission requirements.

(1) Sketch plan. The following information is required for sketch plan submission:

(a) Project name, names of property owner, applicant, and designer;

(b) Date, North point, scale;

(c) Perimeter boundary, area of proposed development and preliminary building footprints,
areas reserved for future development;

(d) Tentative easements or rights-of-way locations, lot lines, lot numbers, acreage;

(e) Estimated soil boundary locations from the United States Department of Agriculture,
Natural Resources Conservation Service, medium-intensity soil survey noting areas of
severe and very severe soil limitations, as applicable; [Amended at time of adoption of
Code (see Ch. 1, General Provisions, Art. II)]

40. Editor's Note: See 42 U.S.C. § 12101 et seq.

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City of Westbrook, ME

§ 335-13.5 LAND USE § 335-13.5

(f) Land cover areas (e.g., woods, fields);

(g) Topographic features: areas of steep slopes, bedrock outcrops, ponds, streams, aquifers,
aquifer groundwater recharge areas, floodplains;

(h) Location of existing and proposed structures;

(i) Names and addresses of abutting landowners;

(j) Locator map;

(k) Nonrefundable sketch plan application fee in an amount established by the City Council;
and

(l) An electronic copy of all application materials in a format acceptable to the City Planner.

(2) Final plan. The following information is required for final plan submission:

(a) Application information. An applicant for site plan review shall submit the following as
part of the final plan:

[1] Project name;

[2] Name, address, phone number of applicant;

[3] Name, address, phone number of owner;

[4] Name, address, phone number of authorized representative;

[5] Name, registration number, address, phone number of engineer, surveyor, architect,
landscape architect or planner;

[6] Interest of applicant in property;

[7] Tax Map and lot numbers;

[8] Acreage to be developed;

[9] Acreage of the site;

[10] Covenants, deed restrictions, easements, or rights-of-way existing or planned;

[11] Existing use of the property;

[12] Variances requested of the Zoning Board of Appeals;

[13] A cost estimate worksheet and a financial capacity statement from a financial
institute, confirming the ability of the applicant to carry out the project;

[14] Statement of technical capacity;

[15] Electronic copy. An electronic copy of all application materials shall be submitted
with the initial and each subsequent submission. This shall be in a file format
acceptable to the City Planner; and

[16] Nonrefundable final plan application fee in an amount established by the City
Council.

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City of Westbrook, ME

§ 335-13.5 WESTBROOK CODE § 335-13.5

(b) Map requirements. The site plan map must consist of 15 blueprints to be retained by the
City, with a maximum size of 30 inches by 40 inches and at a scale that is appropriate for
the size of the project, level of detail involved, and needs of the reviewer(s).

[1] Date, title, scale, North arrow, name of project;

[2] A boundary outline with dimensions and lot area, in relation to surrounding streets,
walls and adjoining land and land uses;

[3] Names and addresses of present landowners and abutting landowners;

[4] Locations of existing buildings and other structures, fire hydrants, streetlights, utility
poles, underground water and sewer facilities, existing trees greater than 10 inches in
diameter on property less than one acre in size or areas of trees saved and other
natural landscape features on property one acre or more and any other utilities on the
site;

[5] Preliminary design drawings of site plans, floor plans, elevations in sufficient detail
to show access, layout and building construction or modification;

[6] Location and dimension of all proposed buildings, and private and public utilities;

[7] Location map;

[8] Performance bond or conditional agreement, as required by the Planning Board;

[9] All necessary easements, shown on plan;

[10] Accurate dimensions of streets, rights-of-way, width of pavement, parking, loading

and associated curbing;

[11] Identification of soils with severe or very severe limitations for the type of
development proposed in accordance with the United States Department of
Agriculture, Natural Resources Conservation Service, medium intensity soil survey
for Cumberland County, the location of any sand and gravel aquifer and aquifer
recharge area, and any wetland area as defined by DEP and Army Corps of Engineer
requirements; [Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]

[12] Digital transfer of any site plan data in GIS format on the City's Horizontal Datum:
Maine State Plane Coordinate System: Maine West Zone 4101, FIPS Zone 1802,
North American Datum 1983; Units: Feet; Vertical Datum: National Geodetic
Vertical Datum, 1929;

[13] Digital transfer on a compact disc (CD) of any site plan data in computer aided
design (CAD) format as a .dwg file; and

[14] Zoning requirements, proposed project dimension calculations in relation to existing

zoning standards.

(c) Supporting documents. Any of the following sketches or plans may be combined in one
plan for presentation purposes:

[1] Site plan showing existing natural and topographical features, including

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City of Westbrook, ME

§ 335-13.5 LAND USE § 335-13.5

watercourses and water bodies, trees and other vegetation, and any other pertinent
features.

[2] A plan of all buildings with new construction or expansion of an existing facility,
including type, size, and footprint, floor layout, setback, elevation of first floor slab,
storage and loading areas.

[3] An elevation view of all buildings indicating their height, color, bulk, surface
treatment, and signs attached to buildings.

[4] A circulation plan noting all pedestrian and vehicle traffic flow, both within the
development and in terms of ingress and egress impact on surrounding road systems.

[5] The size and proposed location of water supply and sewage disposal systems and
provision for future expansion of those systems.

[6] A landscaping plan indicating grade change, vegetation to be preserved, new

plantings used to stabilize areas of cut and till and screening; the size, location,
purpose, type of vegetation, and number of planting categorized by the type of plant.

[7] A drainage plan, including location, elevation, layout of catch basins, stormwater
retention or detention area, and other surface and subsurface drainage features.

[8] A topographical plan, at two-foot intervals, showing existing and proposed contours
and finished grade elevations.

[9] Any other exhibits or data deemed necessary by the Planning Board to evaluate the
proposed development for site plan review purposes.

[10] Statements from the following officials:

[a] The Portland Water District as to the conditions under which the District will
supply water and sewage removal, approval of the size and location of mains,
valves and hydrants proposed, and the approval of and required pretreatment
facility. If septic is to be used, a statement from the Plumbing Inspector that the
system is adequately designed to serve the facility.

[b] The Fire Chief approving the safety features related to fire and emergency
protection.

[c] The City Engineer regarding the adequacy and design of drainage and street
systems, both proposed and existing.

[d] The Police Chief relative to traffic circulation.

[e] Where the use may involve the production of a substantial amount of waste, the
applicant shall request review by the Director of Public Services for an
appropriate recycling plan.

[f] Director of the public transit authority regarding the potential to serve the site,
and how internal circulation for public transit vehicles will be provided.

[g] Any other agency or committee deemed appropriate by the Planning Board.

G. Dual reviews. Where the development also involves subdivision, all appropriate subdivision

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City of Westbrook, ME

§ 335-13.5 WESTBROOK CODE § 335-13.6

standards apply. The review process for both may occur at the same time. All conditional uses shall
be required to receive Planning Board approval during the subdivision or site plan review process.

H. Development impact fees. The Planning Board may require the applicant to participate in municipal
infrastructure improvements. Where it is demonstrated that the applicant's proposed development will
result in a negative impact or decline in level of service of any existing municipal infrastructure
system or services, the Planning Board shall assess and establish the applicant's level of participation
in accordance with improvements of that system or service.

§ 335-13.6. Site plan review design and performance standards.

A. The general design and performance standards for site plan review are as follows:

(1) Utilization of the site. The plan for development must reflect the natural capabilities of the site
to support development. Environmentally sensitive and natural drainage areas must be buffered
and preserved to the maximum extent possible. The landscape must be preserved in its natural
state as practicable. This includes minimizing tree removal and disturbance of soil whenever
possible.

(2) Handicap access. The plan must indicate the location and type of handicap access to restroom
facilities, parking areas, and entrances and exits. The plan must be in accordance with the
standards established in the Americans with Disability Act (ADA),41 as revised.

(3) Appearance assessment. In preparing the final plan, the applicant shall incorporate the following
criteria to ensure the harmonious relationship of the project to surrounding properties, buildings,
and natural features. The following factors must be considered:

(a) Relationship of project to site. The plan must provide for smooth transitions between the
streetscape, driveway entrances, and project landscaping. Height and scale of proposed
structures must be consistent with existing structures.

(b) Relationship of project to surrounding property. The plan must provide for smooth
transitions between land, proposed structures, and surrounding properties. Compatible
transitions may be achieved by utilizing screening materials, landscaping, and natural
topography.

(c) Relationship of landscape design. Landscape design must include all forms of planting and
vegetation, including existing vegetation, topography, water patterns, and utilitarian
structures such as, but not limited to, fencing and curbing. Wherever practicable, the
applicant shall maintain existing topography and vegetation. Landscaping must provide a
transition between buildings, parking, and pedestrian walkways, while breaking up long
open areas and traffic patterns. Suitable plant material must be selected according to its
structure, texture, color, ultimate growth, and hardiness. It must be protected through
appropriate buffering to avoid damage where vegetation is used for screening purposes,
and it must be equally effective in winter and summer. The design may provide for the use
of materials such as fences, walls and a variety of paving types where there is difficulty in
achieving vegetative growth.

(d) Relationship of lighting to project. The design, type, and location of streetlighting are to
be reviewed. The lighting materials must blend with the overall project scheme enhancing

41. Editor's Note: See 42 U.S.C. § 12101 et seq.

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City of Westbrook, ME

§ 335-13.6 LAND USE § 335-13.6

design and landscaping. Standards and fixtures must be compatible with surrounding
developments and, if maintained by a public utility, meet its requirements. Excessive
brightness must be avoided and lighting must be confined to areas in accordance with this
chapter.

(e) Relationship of signs to the project. Sign installation or modification must conform to this
chapter. Sign materials and design must be an integrated element of the overall site plan
and must blend with proposed landscaping. Signing must be compatible with surrounding
properties and not obstruct or interfere with the vision of drivers.

(f) Village review structure. Where a structure lies within the Village Review Overlay Zone,
the applicant must incorporate the standards of the Village Review Overlay Zone.42

(4) Landscape plan. The landscape plan shall be consistent with existing vegetation, provide
significant buffers where such are determined to be necessary, and result in a harmonious blend
with surrounding properties.

(5) Odors. Odorous matter released from any operation or activity shall be controlled in accordance
with the provisions of this chapter. In addressing changes in odors as a result the Board may
require the applicant to establish pre- and post-development odor threshold levels. Any
measurement conducted shall be conducted in accordance with the "Standard Method for
Measurement of Odor in Atmosphere" or the "Dilution Method," as developed by the American
Society for Testing and Materials. City Staff or a designated consultant shall act as the observer
in this assessment.

(6) Noise. Adequate provision must be made to control unnecessary noise from and at the site in
accordance with the standards for each zoning district in this chapter. The Planning Board may
require the applicant to establish pre- and post-construction noise levels.

(7) Technical and financial capacity. The applicant has demonstrated technical and financial
capacity to carry out the project.

(8) Solid waste. The project must demonstrate an adequate plan for solid waste disposal.

(9) Historic, archaeological and botanical resources or unique features. Adequate provision must be
made to mitigate adverse impact on existing scenic or natural beauty, rare or irreplaceable
historic sites, or other features of importance to the City. Where such sites are identified,
appropriate measures to protect or study these areas shall be put in place, be part of the site
design and take into consideration the timing of construction.

(10) Hazardous matter. The handling, storage and use of materials identified by a state or federal
agency shall have an appropriate plan of action and be done so in accordance with appropriate
standards. For any toxic or hazardous waste storage, consistent with Department of
Environmental Protection definitions, the Planning Board may require:

(a) Environmental evaluation. An environmental evaluation of geologic, hydrologic, and soils

conditions of the site in question.

(b) Description of wastes. A description of wastes to be stored, the manner in which they are
to be stored and the manner of removal.

42. Editor's Note: See § 335-7.1, Village Review Overlay Zone.

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City of Westbrook, ME

§ 335-13.6 WESTBROOK CODE § 335-13.6

(c) Groundwater quality. A background establishing existing groundwater quality around the
site, and a system to monitor any changes should contamination occur.

(d) Other provisions. The findings and use of hazardous matter must be shown to be consistent
with other provisions of this chapter.

(11) Vibrations. Adequate provision must be made to control vibrations in accordance with the
standards for each zoning district in this chapter. The Planning Board may require the applicant
to establish pre- and post-construction vibration levels.

(12) Others. Based on particular cases, the Planning Board may choose to add other criteria in its
final decision.

B. Parking and loading design and site circulation.

(1) Table of Off-Street Parking. The following minimum parking requirements apply unless the
zoning for a particular district provides otherwise: [Amended 12-21-2020 by Order No.
2020-153 ; 12-4-2023 by Ord. No. 2023-127 ]

Principal Use Number of Spaces

Single family and duplex 2 per unit
Efficiency units/multifamily 1 per unit
1 to 2 bedrooms/multifamily 1.5 per unit
3 or more bedrooms/multifamily 2 per unit
Accessory dwelling unit N/A
Affordable housing development unit (as 0.67 per designated affordable unit
defined)
Hospital 1.2 per employee/largest shift
Theater/stadium 0.3 per seat
Restaurant 0.3 per seat
Industrial 1 per employee at the largest shift
Church 0.3 per seat
College 0.5 per student
College housing 1 per 2 beds
Retail - large 5 per 1,000 square feet of sales area
Offices, banks, funeral homes 5 per 1,000 square feet
Hotels, motels 1 per rented room, and 0.5 per employee
Inns, boardinghouses 1 per rented room, and 2 for the owner
Elementary/junior high school 1.3 per classroom
Senior high school 1 per staff, plus 1 per 5 students
Medical offices 4 per 1,000 square feet

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City of Westbrook, ME

§ 335-13.6 LAND USE § 335-13.6

Principal Use Number of Spaces

Auto sales and service 1.5 per 100 square feet
Bowling alleys 4.2 per lane
Congregate care facility 1.25 space per unit
Nursing homes 2 per unit
Drive-in window services 8 stacking spaces for first window, and 2 per
additional window
Other commercial or business 1 per 250 square feet

(2) Design of off-street parking. Each off-street parking area must be designed with adequate
access, turning radii, and snow storage areas in addition to the following minimum standards:

Parking Angle Stall Width Skew Width Stall Depth Aisle Width
90° 9 feet 0 inch 0 inch 18 feet 5 inches 24 feet 0 inch
60° 8 feet 6 inches 10 feet 5 inches 19 feet 0 inch (1 way) 16 feet 0
inch
45° 8 feet 6 inches 12 feet 9 inches 17 feet 5 inches (1 way) 12 feet 0
inch
30° 8 feet 6 inches 17 feet 0 inch 17 feet 5 inches 12 feet 0 inch

(3) Parking on and off site.

(a) On-site parking facilities. Except as provided in Subsection B(3)(b), parking must be
provided on the lot occupied by the use to which the space is appurtenant.

(b) Off-site parking facilities. Parking may be located off-site if it is located so that it will
adequately service the use for which it is intended. In making this determination under site
plan review, the Planning Board shall consider the following factors:

[1] The proximity of the off-site parking.

[2] Ease of pedestrian access to the off-site parking, including any necessary
improvements.

[3] The legal interest of the applicant in the land for which the off-site parking is
proposed. The applicant must have a legally sufficient interest to establish control as
long as the use exists.

(4) Parking required for each use. Where multiple use occurs, on-site parking facilities or loading
bays must be provided in accordance with the standards above and below, respectively, except
where the applicant can show through a parking study that each use has different operating
hours, so that the peak period parking demand is nonconflicting. Nonconflicting periods may
consist of daytime as opposed to evening hours of operation or weekday as opposed to weekend
hours of operation. Where the applicant can demonstrate nonconflicting periods of use, the
Planning Board may grant approval for shared use of parking spaces.

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City of Westbrook, ME

§ 335-13.6 WESTBROOK CODE § 335-13.6

(5) Screening. All parking may be screened from adjacent properties with either fencing or natural
materials. In making this determination the Planning Board shall take the need of the abutters
into consideration.

(6) Circulation. The layout of the site must provide for safe movement of passenger, service and
emergency vehicles within the site. Turning movements shall meet minimum standards for the
designated activity. All roadways and parking areas shall be designed to harmonize with
topographic and natural features to minimize grading and fill.

(7) Loading facilities. Following is the Table of Minimum Off-Street Loading Space Requirements.

Number of Loading Bays Required for New Structures

Gross Floor Area of Structure

(in thousands of square feet)

Type of Use 1 to 7 8 to 24 25 to 100 101 to 250 Each 250 additional

Commercial and industrial 1 2 3 4 1

uses

Institutional, office 1 1 1 3 1
buildings, hotels,
residential

Truck terminals and 15 bays/100,000 square feet of gross floor area

storage (dependent on
facility)

(8) Size of loading areas. Each truck-loading bay must be between 12 feet and 14 feet wide
depending on conditions of ingress and egress. Access to the bay must include a minimum
maneuvering area of 125 feet in length, or more where required. The bay area must be long
enough to accommodate standing trucks so as to remove them from the flow of traffic. All
loading bays must be screened, with areas for trucks to park in when waiting for loading
activities.

(9) Planning Board discretion. The Planning Board may relax or expand any of the requirements in
this section in the case of site plan review if the applicant can describe statistically how its
operation will require a different treatment.

C. Transportation network standards.

(1) Adequacy of road system. Vehicular access to the site must be on roads which have adequate
capacity to accommodate additional traffic. Intersections in the vicinity of the project must be
maintained at a Level of Service D. If the intersection is already below D, improvements shall
at least maintain the existing level of service for that intersection. This requirement may be
waived if the project is within a designated growth area or there is an approved project to modify
the existing traffic system.

(2) Vehicular access. The site layout must provide for safe ingress and egress to and from public
and private roads by requiring adequate location, numbers and control of access points,
including minimum site distance, turning lanes, and traffic signals if necessary.

(a) The Planning Board may also require a study showing the existing and projected levels of

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City of Westbrook, ME

§ 335-13.6 LAND USE § 335-13.7

service for entrances and intersections that are substantially affected by the proposed
development.

(b) The project's design must also provide for the best possible access for public safety and
health personnel and vehicles.

(c) Points of access shall avoid hazardous conflicts with existing turning movements,
especially where an accident critical rate factor equal to or greater than one exists.

(d) A minimum of curb cuts is desired; shared access with adjacent properties is used
whenever practicable.

(3) Pedestrian and other modes of transportation. The site must provide a system of pedestrian
movement where there are safe and convenient connections between buildings and parking
areas.

(a) The system shall also encourage alternative modes of transportation and provide
convenient access.

(b) Connections shall also be made to the neighborhood, and to other corridor systems planned
for the community.

D. Utilities/services/erosion and sediment control standards.

(1) General. Standard requirements for water, sewer, storm drainage systems and street
construction, where applicable, shall be the same as those required in § 335-13.3. The Planning
Board reserves the right to increase those minimum standards where it is deemed necessary. All
utilities shall be underground.

(2) Capacity. The development shall not exceed the capacity of utilities such as sewer, storm drains
and water lines or on municipal services such as, but not limited to, fire, police, solid waste
disposal, or other services. Any improvement costs required as a result of this impact shall be
borne by the applicant.

(3) Stormwater management, groundwater pollution. Adequate provisions must be made for the
collection, treatment and disposal of stormwater. To the extent possible, the plan retains
stormwater using natural features, has a program to reduce contaminants before they exit the
property, and the rate of flow shall not exceed preexisting conditions.

(4) Erosion and sedimentation control. Best management practices shall be used in erosion control.
All site activities shall utilize natural conditions to the best extent possible such that filling,
excavation and earthmoving is kept at a minimum. In designing a stormwater management plan,
groundwater pollution plan, and erosion and sedimentation plan, the applicant must observe the
standards described in § 335-13.3.

§ 335-13.7. Site plan design and performance standards in Gateway Commercial District adjacent
to specific residential zones.

A. Purpose. The purpose of this section is to ensure that commercial/retail development in the Gateway
District is compatible with adjacent residential neighborhoods.

B. Applicability. The additional standards in this section must be met when a commercial or retail
development, but not an industrial use, is proposed in the Gateway Commercial District that:

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City of Westbrook, ME

§ 335-13.7 WESTBROOK CODE § 335-13.7

(1) Is situated on a parcel of land that is within 500 feet of a residentially zoned and residentially
occupied property at the time the development's site plan receives its first substantive review, as
defined in 1 M.R.S.A. § 302, and is situated on a parcel or combination of parcels greater than
10 acres.

(2) Projects in a common scheme of development within 500 feet of a residentially zoned and
residentially occupied property shall also be subject to the provisions of this section.

(3) If the provisions of this section conflict with any other provisions in this chapter, the more
restrictive provision shall govern; further, no waivers of the provisions of this section may be
granted.

C. Definitions. Items defined in § 335-1.8 of this chapter apply to all terms in § 335-13.7. In the case of
conflict, the definitions in this subsection will apply to terms in § 335-13.7.
COMMON SCHEME OF DEVELOPMENT — A plan or process of development which:

(1) Takes place on contiguous or noncontiguous parcels or lots in the same immediate vicinity; and

(2) Exhibits characteristics of a unified approach, method, or effect such as:

(a) Unified ownership, management, or supervision;

(b) Sharing of common equipment or labor; or

(c) Common financing.

DECIBEL — The practical unit of measurement for sound pressure level, abbreviated dB. The
abbreviated dB(A) shall refer to readings taken on the A-weighted scale.
EARTHEN BERM — A mound comprised of clean fill or rock that is at a minimum covered with
loam and seed. Berms may have trees and shrubs planted on them to increase their efficiency in visual
and audio screening.
RESIDENTIALLY ZONED OCCUPIED PROPERTY — A parcel or parcels of land in a Residential
Growth Area 1, Residential Growth Area 2, or Residential Growth Area 3 Zone of the City on which
one or more residences are established.
VISUAL SCREENING — The combination of buffer materials that block the development site from
view.

D. Buffering. In addition to any other buffering requirements in this chapter, uses governed by this
section shall provide buffering and screening between the proposed use and all abutting residentially
zoned occupied property. The types of screening include, but are not limited to, earthen berms,
vegetation with year-round foliage, and sound barrier walls, all of which are subject to the approval
of the Planning Board based on materials and design. The approved buffering system must be
installed prior to the issuance of any permanent occupancy permit, and the Planning Board may
require installation of some or all of the buffering prior to demolition or site preparation where
reasonably necessary to protect the health and safety of surrounding residentially improved
properties. The Planning Board shall review the buffering/screening system in accordance with the
following standards:

(1) Space and bulk standards.

(a) Minimum height. Buffering/screening must be at least 10 feet high as measured from the

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City of Westbrook, ME

§ 335-13.7 LAND USE § 335-13.7

existing ground level as established prior to the beginning of grading, excavation or

construction, but in no case be less than 10 feet above finished grade.

(b) Minimum width. A buffer of at least 150 feet as measured from the lot line of the proposed
development must be maintained between the proposed building and any residentially
zoned occupied property. If the proposed buffering utilizes plantings or earthen berms,
these must be placed within the 150-foot buffer in a location that maximizes screening.

(c) Minimum length. The buffer zone and all screening within it must be continuous in the
area between the proposed site and any residentially zoned occupied property. A gap may
be allowed in the buffering for the sole purpose of emergency vehicle access, provided that
the gap shall be limited to the minimum necessary for such access.

(2) Performance.

(a) Visual screening. The buffering must provide complete visual screening of the proposed
development, including, but not limited to, any buildings, rooftop equipment, loading
areas, parking areas, light poles and other light fixtures. The measurement of the visual
screening will be taken from the property line of all abutting residentially zoned occupied
property at an elevation at least five feet above ground level.

[1] As part of the site plan application submission, the applicant must provide photo
simulations. The simulations must show the view from at least one vantage point
along each property line of the development site that abuts residentially zoned
occupied property.

[2] After the visual screen has been installed, the Code Enforcement Officer must make
a positive determination that complete visual screening has been achieved at all
points along the property line(s) where residentially zoned occupied property abuts.
A gap may be allowed in the visual screening for the sole purpose of emergency
vehicle access, provided that the gap shall be limited to the minimum necessary
width for such access.

(b) Lighting. The buffering system must limit the spill of artificial light onto abutting
residentially zoned occupied property based on the standards of this subsection:

[1] A study, submitted by a recognized lighting specialist or engineer, must demonstrate

that the buffer and screening will minimize the spill of lighting off site to no more
than 0.2 footcandle in any location, and that no artificial light will spill onto any
adjacent residentially zoned occupied property;

[2] Lighting must minimize night glow by using the lowest wattage possible and have an
amber hue;

[3] Fixtures must be ninety-degree cutoffs, and no portion of the bulb or its glass shield
shall extend below the bottom of the lighting case;

[4] Lighting affixed to any exterior wall facing abutting properties must be
downshielded so that no light directly spills onto adjacent parcels.

(c) Noise.

[1] The buffer or screening system must limit the decibel level of all sounds or noise that

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City of Westbrook, ME

§ 335-13.7 WESTBROOK CODE § 335-13.7

reach the property line abutting residentially zoned occupied property to the
following levels, and at the following times:

[a] During daytime hours (6:00 a.m. to 6:00 p.m.): 60 dB(A).

[b] During nighttime hours (6:00 p.m. to 6:00 a.m.): 50 dB(A).

[c] Weekend hours Saturday and Sunday daytime hours (9:00 a.m. to 6:00 p.m.):
60 dB(A).

[d] Weekend hours Saturday and Sunday nighttime hours (6:00 p.m. to 9:00 a.m.):
50 dB(A).

[2] Exceptions. The following sources of noise shall be excluded from meeting these
standards:

[a] Natural phenomena.

[b] Any siren, whistle, or bell lawfully used on the premises in an emergency
situation, provided that burglar alarms are terminated within 30 minutes of
activation.

[c] Snow removal equipment, except that equipment used on any side that abuts
residentially zoned occupied property shall be used during daytime hours only.

[d] Noise generated by refuse and solid waste collection, except that equipment
used in this manner shall be used during daytime hours only.

[e] Noise generated from power equipment, such as, but not limited to, power
saws, sanders, lawn and garden tools, lawn mowers, snowblowers, or similar
devices operated during daytime hours.

[f] Emergency or extraordinary situations.

[3] Measurement procedures. For the purpose of determining noise levels as set forth in
this chapter, the following guidelines shall be applicable.

[a] After an initial inspection to determine that noise is being emitted from a
property under the jurisdiction of this chapter, the Code Enforcement Officer
reserves the right to hire a consultant or expert in the field of sound
measurement. All costs billed by the consultant or expert must be paid for by
the owner of the property from which the sound is being emitted.

[b] All personnel conducting sound measurements shall be trained in the current
techniques and principles of sound-measuring equipment and instrumentation.

[c] Instruments used to determine sound level measurement must conform to the
current standards of ANSI Type I or Type II meters.

[d] The general steps listed below must be followed when preparing to take sound
level measurements:

[i] The instrument manufacturer's specific instructions for the preparation

and use of the instrument must be followed.

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City of Westbrook, ME

§ 335-13.7 LAND USE § 335-13.7

[ii] The sound level meter must be calibrated before and after each set of
measurements. The calibrator itself shall be recalibrated at least once
every year.

[iii] The sound level meter must be placed as specified by the manufacturer's
instructions and at least four feet above the ground. It shall be placed so
as not to be interfered with by individuals conducting the measurements.

[4] Sound barrier walls. If sound barrier walls are used, their technical specifications
must be submitted to demonstrate that:

[a] Noise levels at the property line(s) are limited to the regulations set in
Subsection D(2)(c)[1][a] to [d] and [2][a] to [f].

[b] The walls shall be placed in the most effective location within the 150-foot
buffer.

[c] Landscaping is placed between the wall and residentially zoned occupied
property. The required photo simulations must demonstrate that the landscaping
provides at least 25% screening of the wall surface at the time of installation,
and 75% screening when the vegetation has reached full maturity.

E. Hours of operation.

(1) Delivery hours. Delivery by vehicles with more than two axles and refrigeration units shall not
be made between the hours of 11:00 p.m. and 7:00 a.m. The Planning Board may grant
exceptions to this requirement provided that its review and approval finds that:

(a) Noise barriers. A fully enclosed, noise-proof barrier is used to block release of any noise
or light in excess of the standards provided in Subsection D(2)(b)[1] to [4] and (c)[1][a] to
[d] and [2][a] to [f].

(b) Delivery area lighting. On-site lighting is limited only to that reasonably necessary to
accommodate such after-hours deliveries and shall not exceed the standards set forth in
Subsection D(2)(b)[1] to [4].

(c) Truck idling. Delivery trucks shall not idle for longer periods than necessary to perform
delivery functions.

(2) Retail hours of operation. Retail hours of operation shall not commence earlier then 7:00 a.m.
nor end later then 11:00 p.m.

(3) Nonretail hours of operation. Nonretail activities, such as outside loading or moving of pallets
or stock-in-trade or stacking of delivery vehicles, shall not be allowed outdoors if they exceed
the noise or lighting restrictions in Subsection D(2)(b)[1] to [4] and (c)[1][a] to [d] and [2][a] to
[f]. Nonretail activities within the building are permitted between 11:00 p.m. and 7:00 a.m.

F. Building design standards. The following standards are intended to ensure that retail and commercial
buildings are compatible in design with the surrounding area and community character of the City.
All additions to existing retail and commercial service buildings, built either before or after the
adoption of this chapter, are required to meet these building design standards.

(1) Internal subdivision. The building footprint must be designed and constructed in such a way as
to enable future possible internal subdivision and reuse by future, unrelated parties.

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City of Westbrook, ME

§ 335-13.7 WESTBROOK CODE § 335-13.7

(2) Structural and decorative elements. The building shall employ building setbacks, height, roof
treatments, door and window openings, and other structural and decorative elements to reduce
apparent size and scale.

(3) Building scale. The apparent mass and scale of large buildings shall be reduced through the use
of materials and architectural elements that provide a pedestrian scale and visual interest.

(a) Building facades visible from public streets and public spaces shall be stepped back or
projected forward at intervals to provide a minimum of 40% facade modulation. The
minimum depth of modulation should be one foot and the minimum width shall be five
feet. Ground floor facades that face public streets shall have arcades, display windows,
entry areas, awnings or other such features along no less than 50% of their horizontal
length.

(b) Articulation. Buildings shall be articulated to reduce the apparent scale of buildings.
Architectural detail options may include reveals, battens, and other three-dimensional
details that create shadow lines and break up the flat surfaces of the facade. The following
are recommended methods to achieve this:

[1] Tripartite articulation that establishes a building top, middle, and base to provide
pedestrian-scale and architectural interest.

[2] Windows should be articulated with mullions, recesses, etc., as well as applying
complementary articulation around doorways and balconies.

[3] Arcades, balconies, bay windows, dormers, and/or columns may be used.

[4] A distinctive roofline to reduce perceived building height and mass, increase
compatibility with smaller scale and/or residential development, and add interest to
the overall design of the building. Roofs with particular slopes may be required by
the Planning Board to complement existing buildings or otherwise establish a
particular aesthetic objective consistent with buildings nearby. This compatibility
may be accomplished by:

[a] The use of alternating dormers, stepped roofs, gables, or other roof elements to
reinforce the modulation or articulation interval.

[b] Flat-roofed designs alone are prohibited. Cornices and decorative facings shall
be used to eliminate the view of the flat roof from ground level.

[c] In retail areas, small-scale additions may be used to reduce the apparent bulk.
Clustering smaller uses and activities around entrances on street-facing facades
also allows for small retail or display spaces that are inviting and add activity
to the streetscape.

(c) Building materials. Building materials shall be unified throughout the building, and shall
complement other buildings in the vicinity. Predominant exterior building materials may
not include the following: smooth-faced concrete block, tilt-up concrete panels;
prefabricated steel panels, vinyl siding (ground-floor applications). Wood-textured
cementatious fiberboard products may be considered in lieu of wood siding.

(d) Building color. Facade colors shall be nonreflective, using neutral or earth tones. The use
of high-intensity colors, metallic color, black, or fluorescent colors on facades is

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City of Westbrook, ME

§ 335-13.7 LAND USE § 335-13.7

prohibited. Building trim or architectural accent elements may feature brighter colors, but
they shall not be high-intensity, metallic, black, or fluorescent in nature.

(4) Delivery and service areas must be located on areas of the building or site that are not within
500 feet of residentially zoned occupied property.

G. Additional requirements.

(1) Access management. No egress from or ingress to a site subject to this section shall be permitted
over residentially zoned property, except for emergency vehicles.

(2) Traffic study:

(a) As part of any site plan development application subject to this section, a developer must
commission an independent traffic study to ascertain the traffic flow on streets that may
be impacted as a result of development on the proposed site. The Planning Board shall
determine the streets to be studied.

(b) If a site plan development application is granted final approval by the Planning Board and
development is permitted, then nine months following the initiation of the intended use of
the site, the developer must commission a second independent traffic study to ascertain the
post-occupation flow of traffic on streets. The Planning Board shall determine the streets
to be studied.

(c) If, in the judgment of the Planning Board, the results of the second traffic study evidence
a measurable, increase of traffic flow on the streets designated by the Planning Board, the
developer shall work with the City Administration and take steps to moderate the increased
traffic flow by the use of such measures as, for example, stop sign installation and
construction of speed slowing devices.

(3) Impact analysis. The Planning Board will require an impact analysis to be conducted by a
qualified consultant retained by the City at the applicant's expense. [Amended at time of
adoption of Code (see Ch. 1, General Provisions, Art. II)]

(a) The consultant also must conduct an analysis of and provide data on the following:

[1] Estimated economic impact on the City of Westbrook, including employment,

businesses, municipal tax revenues, project generated revenue retained and
redirected into Westbrook's economy, general assistance resources, and social
services.

[2] A proposed project's impact on residentially zoned occupied property within 500 feet
of the proposed development.

(b) Once the study has been completed, the consultant in conjunction with the Planning
Department shall present it to the Planning Board for review and comment. The Planning
Board may ask for additional information or comments from other community agencies.
The consultant shall use the information, data, and conclusions of the study to make
recommendations on the applicant's participation in municipal infrastructure
improvements based on § 335-13.5H of this article.

(c) In deciding whether to approve a project, the Planning Board must make a specific finding
as to a project's impact on the City, basing that finding on the analysis described in this

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City of Westbrook, ME

§ 335-13.7 WESTBROOK CODE § 335-13.8

subsection.

(4) In deciding whether to approve a project, the Planning Board must make specific findings as to
a proposed development's compliance with the City's Comprehensive Plan.

H. Applicability date. Notwithstanding any other provision of law and to the maximum extent permitted
by law, this chapter amendment, if and when adopted, shall relate back in time, and be applicable to,
any project, development or land use application that has not had substantive review of such
application, within the meaning of 1 M.R.S.A. § 302, as of August 2, 2004.

§ 335-13.8. Findings of fact and conclusions for site plan approval.

A. Prior to granting approval, the Planning Board shall make its findings of fact based on the information
provided by the applicant. The findings shall address the standards set forth in §§ 335-13.6 and
335-13.7.

B. Conclusions. In addition to the findings of fact set forth above, the Planning Board decision shall
include the following conclusions:

(1) The proposed site plan will/will not result in undue water or air pollution.

(2) The proposed site plan has/has not sufficient water available for the reasonably foreseeable
needs of the site plan.

(3) The proposed site plan will/will not cause an unreasonable burden on an existing water supply.

(4) The proposed site plan will/will not cause unreasonable soil erosion or a reduction in the land's
capacity to hold water so that a dangerous or unhealthy condition results.

(5) The proposed site plan will/will not cause unreasonable highway or public road congestion or
unsafe conditions with respect to the use of the highways or public roads existing or proposed.

(6) The proposed site plan will/will not provide for adequate sewage waste disposal.

(7) The proposed site plan will/will not cause an unreasonable burden on the municipality's ability
to dispose of solid waste.

(8) The proposed site plan will/will not have an undue adverse effect on the scenic or natural beauty
of the area, aesthetics, historic sites, significant wildlife habitat identified by the Department of
Inland Fisheries and Wildlife or the municipality, or rare and irreplaceable natural areas or any
public rights for physical or visual access to the shoreline.

(9) The proposed site plan conforms/does not conform with a duly adopted site plan regulation or
ordinance, comprehensive plan, development plan, or land use plan.

(10) The developer has/does not have adequate financial and technical capacity to meet standards of
this section.

(11) The proposed site plan is/is not situated entirely or partially within the watershed of any pond
or lake or within 250 feet of any wetland, great pond or river as defined in 38 M.R.S.A. Chapter
3, Subchapter 1, Article 2-B.

(12) The proposed site plan will/will not, alone or in conjunction with existing activities, adversely
affect the quality or quantity of groundwater.

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City of Westbrook, ME

§ 335-13.8 LAND USE § 335-13.8

(13) The proposed site is/is not situated entirely or partially within a floodplain.

(14) All freshwater wetlands have/have not been shown on the site plan.

(15) Any river, stream, or brook within or abutting the site plan has/has not been identified on any
maps submitted as part of the application.

(16) The proposed site plan will/will not provide for adequate stormwater management.

(17) The proposed plan will/will not negatively impact the ability of the City to provide public safety
services.

(18) Any other finding made by the Board not found above, but particular to the unique qualities of
a given application.

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City of Westbrook, ME

§ 335-14.1 LAND USE § 335-14.2

ARTICLE XIV
Administration and Enforcement

§ 335-14.1. Purpose.

The purpose of this article is to ensure that construction, whether new or renovated, and general
development throughout the City is of a quality that protects the health, safety, and welfare of the public.

§ 335-14.2. Permits.

The following permits are required in the City of Westbrook:

A. Building permits. A person who desires to construct, reconstruct, structurally alter, add to, relocate,
or demolish a building, construct a pool, build a shed, or install a fence must first obtain a building
permit. A building permit is required for the following activities:

(1) Construction of a building.

(2) Reconstruction of a building.

(3) Structurally altering a building.

(4) Addition to a building.

(5) Relocation of a building.

(6) Demolition.

(7) Installation of a pool.

(8) Installation of a fence.

(9) Construction and/or placement of a shed.

B. Use permit. The owner of a building which has been constructed, reconstructed, structurally altered,
added to, or relocated must obtain a use permit before the building or part of it requiring a building
permit may be occupied. The purpose of this permit is to ensure that the use is permitted.

C. Change of use permit. The owner of real estate who desires to change its use without making any
change for which a building permit is required must first obtain a change of use permit.

D. Permit for expansion of nonconforming use or conditional use.

(1) The owner of real estate who desires to expand its nonconforming use must follow the
requirements of Article III and obtain a building permit from the Code Enforcement Officer.

(2) The owner of real estate who desires to expand its use which was permitted by conditional
permit must obtain an amended approval from the Planning Board before proceeding and obtain
a building permit from the Code Enforcement Officer.

E. Excavation and fill permit.

(1) An excavation or fill that is not covered by any other permit in this chapter is required to obtain
a permit from the Code Enforcement Officer if:

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City of Westbrook, ME

§ 335-14.2 LAND USE § 335-14.4

(a) Excavation. More than 30 cubic yards is proposed to be excavated from the property. The
applicant shall describe the reasons for the excavation, disposition of the soil,
identification of any potentially contaminated soil, erosion and sedimentation control, and
impact on surrounding properties.

(b) Fill. The applicant must demonstrate the purpose of the fill if, and how many, wetlands on
the site are proposed to be filled, that no drainage course is changed, and that proper soil
and erosion practices are put in place.

(2) The Code Enforcement Officer, in consultation with other City staff, will approve or deny the
permit to fill based on the environmental issues noted above.

F. Driveway permit.

(1) The Code Enforcement Officer shall approve or deny, in consultation with the City Engineer,
driveway permits. In applying for such a permit, the applicant shall provide information on the
elevation of the driveway, its slope into the street (no slope greater than 3% is allowed). The
Code Enforcement Officer shall ensure that no drainageway is obstructed, that improvements
are made to handle flow capacity, and that the design does not create an erosion and
sedimentation problem.

(2) The standards of this section work in conjunction with those in Chapter 281, Streets and
Sidewalks, Article V, Driveway Installations and Alterations, of the Code of the City of
Westbrook. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 335-14.3. Permit procedures.

An applicant for a permit of any type must submit a written application to the Code Enforcement Officer.
The Code Enforcement Officer shall review the application and shall make any necessary inspection within
a responsible time. If the application is for a permit which can be issued by the Code Enforcement Officer
and the requirements of this chapter and any other pertinent ordinance or state statute are met, the Code
Enforcement Officer shall issue the permit to the applicant. If the application is for a permit which requires
approval of the Zoning Board of Appeals or the Planning Board, the Code Enforcement Officer shall refuse
to issue the permit and shall advise the applicant of the necessary procedures to be taken.

A. Application for building permit. An application for a building permit must state the intended use to
be made of the land and buildings. It must be accompanied by a plot plan drawn approximately to
scale showing the dimensions of the lot, the location and size of a building proposed to be constructed
or relocated, and the location of any public or private way on or adjacent to the lot. All designs must
be in accordance with appropriate building and life safety codes, adopted by reference by the City, as
from time to time amended. The drawing must be of adequate quality to determine impact on setbacks
and compliance with building codes.

B. Application retained. An application for any type of permit, any accompanying data, and a copy of
each permit issued must be kept on file in the office of the Code Enforcement Officer.

C. Inspection of premises. The Code Enforcement Officer may inspect all necessary parts of any
premises regulated by this chapter during reasonable hours.

D. Fees. Fees for permits shall be determined by the City Council.

§ 335-14.4. Duties of Code Enforcement Officer.

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City of Westbrook, ME

§ 335-14.4 WESTBROOK CODE § 335-14.8

A. Enforcement. The Code Enforcement Officer (CEO) shall enforce this chapter. The CEO shall make
determinations under and interpretations for this chapter, subject to the right of appeal of any
aggrieved person under Article XV of this chapter. The Code Enforcement Officer's interpretations
of the chapter shall create precedent and will be recorded for future determinations.

B. Periodic inspection. The Code Enforcement Officer shall travel each public way in the City of
Westbrook, from time to time, to ensure that there are no violations of this chapter.

C. Annual report. The Code Enforcement Officer shall file a report with the Municipal Officers on a
quarterly basis, and an additional summary of the year's activity on an annual basis. The report shall
contain a list of violations of this chapter and his/her actions with respect to them. The report shall
also include the building permits issued, and actions taken by the Zoning Board of Appeals.

D. Complaints. When any person files a complaint with the Code Enforcement Officer that this chapter
is being violated, the Code Enforcement Officer shall immediately examine the subject of the
complaint and take appropriate action. The Code Enforcement Officer shall keep a record of these
complaints, the action on them, and report to the complainer, upon request.

E. Violation procedure. When any violation of this chapter comes to the attention of the Code
Enforcement Officer, a written notice of the violation to the owner of the premises shall be delivered.
The notice may be served by having a copy of it delivered by certified mail, by handing a copy to the
owner, or by leaving it at the owner's place of residence or usual place of business. If the owner
cannot be found after a reasonably diligent search, the notice may be served by posting it in a
conspicuous place on the premises in violation. The notice must state a specific, reasonable time
within which the violation must cease. If the owner of the premises does not comply with the order
within the specified time, the Code Enforcement Officer shall take appropriate legal action, consistent
with this article and state statute.

§ 335-14.5. Enforcement.

The Code Enforcement Officer shall enforce this chapter conducted in accordance with 30-A M.R.S.A.
§ 4452, as amended.

§ 335-14.6. Violations and penalties.

If this chapter is violated by a partnership, corporation, or person, members or officers who participated
or are authorized in the action resulting in the violation are subject to the penalties described in 30-A
M.R.S.A. § 4452, as from time to time amended. The following penalties shall be observed:

A. Starting construction without a permit: as set forth in Chapter A401, Master Fine Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. Minimum penalty for a specific violation: as set forth in Chapter A401, Master Fine Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

C. Any other penalties: as identified in 30-A M.R.S.A. § 4452.

§ 335-14.7. Owners, contractors and others.

Owners, contractors, subcontractors, employees, or agents of the owner of real estate or any other person
who performs services without the proper permit or verifying that it has been obtained is in violation of
this chapter.

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City of Westbrook, ME

§ 335-14.8 LAND USE § 335-14.9

§ 335-14.8. Nuisance.

Any real estate or personal property in violation of this chapter is a nuisance.

§ 335-14.9. Stop-work order. [Added 8-20-2018 by Ord. No. 2018-96 ]

In addition to any other enforcement action authorized by this chapter, the Code Enforcement Officer shall
have the authority to issue a stop-work order when the Code Enforcement Officer determines that there
has been a violation of this chapter or any other provision of this Code or statute that is enforced by the
Code Enforcement Officer. A stop-work order will not be issued until either the owner of the property or
the contractor has been issued a verbal notice and given an opportunity to correct the violation. A stop-
work order is subject to the appeal provisions of § 335-15.3A, but the stop-work order will remain in effect
during the appeal period unless the violation is resolved during that time.

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City of Westbrook, ME

§ 335-15.1 LAND USE § 335-15.3

ARTICLE XV
Zoning Board of Appeals

§ 335-15.1. General statement. [Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]

The following provisions are consistent with 30-A M.R.S.A. § 2691. As such, the Zoning Board of Appeals
serves as a quasi-judicial body, providing for appeals made under this chapter.

§ 335-15.2. Appointment and terms of office; powers and duties.

A. Appointments, membership, and terms of office. In accordance with 30-A M.R.S.A. § 2691, the
Zoning Board of Appeals consists of five members selected City-wide and two alternate members.
The term of office of a member or alternate member is three years. The alternate will attend all
meetings and will vote in the absence of a member. The alternate may be appointed to a full
membership when a vacancy occurs. [Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]

B. Limitations on membership. A member of the City Council or spouse may not be a member or
alternate member of the Zoning Board of Appeals.

C. Officers. Annually on or about January 1, the Board of Appeals shall elect a Chair and Vice Chair.
The Chair shall preside at all hearings, and the Vice Chair shall preside in his absence. A record shall
be kept of the meetings, including any actions taken by the Board.

D. Appointments. Appointments are nominated by the Mayor and approved by the municipal officers.

E. Absence or disability. When a member of the Board of Appeals is unable to act because of interest,
physical incapacity, or absence, the Chair shall appoint an associate member to act in his stead.

F. Powers and duties. The Zoning Board of Appeals shall have the authority to hear the following
matters:

(1) Appeals under § 335-15.3A of this chapter.

(2) Variance appeals under § 335-15.4 of this chapter.

(3) Flag lot applications under § 335-2.13 of this chapter.

§ 335-15.3. Appeals.

A. Appeal to Board of Appeals. A person aggrieved by a decision of the Code Enforcement Officer, as
provided by this chapter, may appeal to the Zoning Board of Appeals. The person must file a notice
of appeal with the Code Enforcement Officer within 30 days of the action taken. The notice must cite
the decision appealed from, identity of the property involved, and state the specific grounds for the
appeal. It must be signed by the appellant or legal representative. The appellant shall pay a filing fee
to cover the cost of advertising the appeal, as required by Subsection C.

B. Filing date record. The Code Enforcement Officer shall stamp the filing date on the notice of appeal,
give a copy to the appellant, send a copy to the Zoning Board of Appeals, and keep a file a copy in
the appropriate Tax Map and lot file.

C. Appeal advertised. On receipt of the notice of appeal, City staff shall determine a hearing date and

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City of Westbrook, ME

§ 335-15.3 LAND USE § 335-15.4

have the notice of appeal and the time and place of the hearing published on the City's website and in
a newspaper having general circulation in the City at least seven days before the hearing.

D. Abutters notified. The Code Enforcement Officer shall mail a copy of the notice of appeal and the
time and place of the hearing to the property owners within 500 feet of the project at least 14 days
prior to the day of the hearing at their last known places of address as shown on the municipal tax
record. Public and private rights-of-way do not limit the 500-foot distance measurement. Failure of
the Code Enforcement Officer to send or of a property owner to receive a copy of this notice does not
invalidate the hearing.

E. Hearing procedure. The Zoning Board of Appeals shall determine the hearing procedure.

§ 335-15.4. Variances. [Amended 3-7-2005 ; 11-2-2009 ; 11-17-2014 ]

A. Variance.

(1) Except as provided in Subsections B and C, the Zoning Board of Appeals may grant a variance
only when strict application of the chapter to the petitioner and the petitioner's property would
cause undue hardship. The term "undue hardship" as used in this subsection means:

(a) The land in question cannot yield a reasonable return unless a variance is granted;

(b) The need for a variance is due to the unique circumstances of the property and not to the
general conditions in the neighborhood;

(c) The granting of a variance will not alter the essential character of the locality;

(d) The hardship is not the result of action taken by the applicant or a prior owner;

(e) No other alternative to a variance is available to the applicant;

(f) The granting of the variance will not unreasonably adversely affect the natural
environment; and

(g) The property is not located in a Resource Protection Zone.

(2) A copy of each variance request, including the application and all supporting information
supplied by the applicant, shall be forwarded by the municipal officials to the Commissioner of
the Department of Environmental Protection at least 20 days prior to action by the Zoning Board
of Appeals. Any comments received from the Commissioner prior to the action by the Zoning
Board of Appeals shall be made part of the record and shall be taken into consideration by the
Zoning Board of Appeals.

B. Disability variance. For the purposes of this section, "disability" has the same meaning as a physical
or mental handicap under 5 M.R.S.A. § 4553-A.

(1) Disability structures. The Code Enforcement Officer may issue a permit to an owner of a
dwelling for the purpose of making a dwelling accessible to a person with a disability who
resides in or regularly uses the dwelling. If the permit requires a variance, the permit is deemed
to include that variance solely for the installation of equipment or the construction of structures
necessary for access to or egress from the dwelling for the person with a disability. The Code
Enforcement Officer may impose conditions on the permit, including limiting the permit to the
duration of the disability or to the time that the person with a disability lives in the dwelling.

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City of Westbrook, ME

§ 335-15.4 WESTBROOK CODE § 335-15.5

(2) Vehicle storage. A disability variance may be granted pursuant to this subsection [30-A
M.R.S.A. § 4353(4-A)].

(a) The Zoning Board of Appeals may grant a variance to an owner of a dwelling who resides
in the dwelling and who is a person with a permanent disability for the construction of a
place of storage and parking for a noncommercial vehicle owned by that person and no
other purpose. The width and length of the structure may not be larger than two times the
width and length of the noncommercial vehicle. The owner shall submit proposed plans of
the structure with the request for the variance pursuant to this subsection to the Zoning
Board of Appeals.

(b) The person with the permanent disability shall prove by a preponderance of the evidence
that the person's disability is permanent.

(c) For the purposes of this subsection, "noncommercial vehicle" means a motor vehicle as
defined in 29-A M.R.S.A. § 101, Subsection 42, with a gross vehicle weight of no more
than 6,000 pounds, bearing a disability registration plate issued pursuant to 29-A M.R.S.A.
§ 521 and owned by the person with the permanent disability.

(d) The Board may impose conditions on the variance granted pursuant to this subsection.

C. Practical difficulty variance.

(1) The Zoning Board of Appeals may grant a variance from the dimensional standards of this
chapter when strict application of the chapter to the petitioner and the petitioner's property
would cause a practical difficulty and when the following conditions exist:

(a) The need for a variance is due to the unique circumstances of the property and not to the
general condition of the neighborhood;

(b) The granting of a variance will not produce an undesirable change in the character of the
neighborhood and will not unreasonably detrimentally affect the use or market value of
abutting properties;

(c) The practical difficulty is not the result of action taken by the petitioner or a prior owner;

(d) No other feasible alternative to a variance is available to the petitioner;

(e) The granting of a variance will not unreasonably adversely affect the natural environment;
and

(f) The property is not located in whole or in part within shoreland areas as described in 38
M.R.S.A. § 435.

(2) As used in this section, "dimensional standards" means and is limited to ordinance provisions
relating to lot area, lot coverage, frontage and setback requirements.

(3) As used in this section, "practical difficulty" means that the strict application of the chapter to
the property precludes the ability of the petitioner to pursue a use permitted in the zoning district
in which the property is located and results in significant economic injury to the petitioner.43

43. Editor's Note: Original Sec. 705, Flag lots, which immediately followed this section, was repealed 4-5-2010. See now § 335-2.13, Flag
lots.

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City of Westbrook, ME

§ 335-15.5 LAND USE § 335-15.9

§ 335-15.5. Special conditions.

In granting a variance, the Zoning Board of Appeals may impose special conditions consistent with the
purposes of this chapter and with the Comprehensive Plan, with which the appellant must comply. The
conditions shall be stated specifically in the copy of the decision that is mailed to the appellant as provided
in § 335-15.3. The appellant may appeal the imposed conditions to the Superior Court as provided by
statute. If the imposed conditions are temporary, they shall expire automatically on the date set by the
Board of Appeals. If permanent, they must be stated on the certificate of approval over the signature of the
Code Enforcement Officer and be recorded in the Registry of Deeds.

A. Suspense file. The Code Enforcement Officer shall maintain a suspense file containing records of all
conditions granted by the Zoning Board of Appeals. He/she shall review each extension annually, and
shall make an on-site inspection to see whether the condition is being observed.

B. Violation. If the Code Enforcement Officer finds that any condition is being violated, he/she shall
make a record of the violation and follow the violation procedure set forth in § 335-14.6 of this
chapter.

§ 335-15.6. Time limitations of rights granted.

A right of appeal granted by the Zoning Board of Appeals expires unless the work necessary to accomplish
the purpose for which it was requested is commenced within one year and completed within two years after
it was granted, or is completed in accordance with a phased completion schedule proposed by the applicant
and approved, or modified and approved, by the Board of Appeals and incorporated in its decision granting
the variance. In determining whether work has been completed in accordance with an approved schedule,
allowances may be made for delays in scheduled completions caused by inclement weather, strike, or acts
of a natural nature.

§ 335-15.7. Limitation on subsequent appeals.

If the Zoning Board of Appeals denies an appeal with respect to certain building or premises, a second
appeal of a similar nature may not be brought to the Board within six months.

§ 335-15.8. Appeal to Superior Court. [Amended 11-17-2014 ]

A person aggrieved by the Board of Appeals may appeal to the Superior Court. The appeal shall be taken
within 45 days after the date of the vote on decision (30-A M.R.S.A. § 2691).

§ 335-15.9. Recording. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]

If the Zoning Board of Appeals grants a variance under this article, then a certificate shall be issued
indicating the name of the current owner, identifying the property by reference to the last recorded deed in
its chain of title, and stating that a variance has been granted and the date of that action. Any conditions
that were granted as part of the approval shall also be listed. This certificate must be recorded with the
Registry of Deeds by the applicant within 90 days from the final written approval date on the certificate or
the variance is void.

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City of Westbrook, ME

§ 335-16.1 LAND USE § 335-16.4

ARTICLE XVI
Impact Fees
[Added 8-21-2017 by Order No. 2017-089 ]

§ 335-16.1. Authority.

This article is enacted pursuant to the authority of 30-A M.R.S.A. §§ 3001 and 4354.

§ 335-16.2. Purpose.

The Westbrook City Council has determined that new development creates demands on municipal
government to provide new public facilities and to expand or improve existing public facilities. The City
Council concludes that to provide an equitable source of funding for such new, expanded, or improved
facilities, it is appropriate to establish a program of development impact fees and to charge a proportionate
share of the costs of new, expanded, or improved facilities to the developers and/or occupants of the
developments which make the new, expanded, or improved infrastructure necessary.

§ 335-16.3. Definitions.

Words and phrases shall be considered to have the same meaning as defined in the Code of the City of
Westbrook.

§ 335-16.4. Use of impact fees.

A. Impact fees collected by the City pursuant to this article may be used only for financing facility
improvements which the City Council has determined are made necessary by new development. The
City Council has determined that fees imposed by schedules published by the City Clerk in
accordance with § 335-16.9B of this article are reasonably related to the demands created by new
development and are reasonably related to the portion or percentage of existing infrastructure used by
new development. Impact fees collected pursuant to this article shall be used exclusively for capital
improvements, and shall not be used for operational expenses. The City of Westbrook shall expend
funds collected from impact fees solely for the purposes for which they were collected. [Amended at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

B. The following costs may be included in the capital cost of the infrastructure improvement:

(1) Engineering, surveying, and environmental assessment services directly related to the design,
construction, and oversight of the improvement;

(2) The actual construction of the improvement, including, without limitation, property acquisition
costs, demolition costs, clearing and grading of the land, and necessary capital equipment;

(3) Mitigation costs;

(4) Legal and administrative costs associated with construction of the improvement, including any
borrowing necessary to finance the project;

(5) Debt service costs, including interest if the City borrows for the construction of the
improvement;

(6) Relocation costs; and

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City of Westbrook, ME

§ 335-16.4 LAND USE § 335-16.9

(7) Similar costs that are directly related to the project.

§ 335-16.5. Segregation of impact fees from general revenues.

Impact fees collected pursuant to this article shall be maintained by the City Finance Director in a separate
impact fee account and shall be segregated from the City's general revenues. The City Finance Director
shall deposit impact fees in special nonlapsing accounts dedicated for funding of the improvements for
which the fee is collected.

§ 335-16.6. Collection of impact fees.

The Code Enforcement Officer shall not issue any building permit required under the Code of the City of
Westbrook until the applicant has paid any impact fees required by this article. Upon collecting such impact
fee, the Code Enforcement Office shall remit the funds to the City Finance Director, who shall deposit the
funds as required in § 335-16.5 above. The Code Enforcement Office shall make a record of the name and
mailing address of the applicant paying the impact fee, the Tax Map and lot numbers of the property for
which the impact fee is collected, the amount collected, and the date the impact fee is received, and shall
maintain such record in the files relating to the property for which the impact fee was paid.

§ 335-16.7. Exemption/reduction for off-site improvements.

If a development undertakes improvements off-site from the project site which improve the system that
an impact fee is contributing towards, the amount of the off-site improvements may be deducted from the
calculated impact fee or may be determined to be equivalent to the impact fee, as determined by the City
Planner.

§ 335-16.8. Refund of unused impact fees. [Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]

Impact fees collected pursuant to this article shall be utilized by the City per the schedules published
by the City Clerk in accordance with § 335-16.9B of this article for the completion of specific capital
improvements, but in no event later than 10 years after the date upon which the impact fee was collected.
Any impact fees which are not so utilized and any impact fees collected which exceed the City's actual
costs of implementing the infrastructure improvements for which such fees were collected shall be
refunded. Refunds shall be paid to the person who paid the impact fee, unless that person has authorized
the payment to the current owner of the property or some other person.

§ 335-16.9. Amendment of fees.

The impact fees established in this article are based upon the City Council's best estimates of the costs of
the construction of the facilities for which the fees are collected and, where appropriate, upon estimates
of state and/or federal funding contributions. The Council may, by amendments to this article, change the
amounts of the impact fees from time to time as warranted by new information or changed circumstances.

A. Inflation adjustment. The impact fees established by the City Council in this article shall be adjusted
annually by the City Finance Director to account for inflation. Commencing on February 1, 2018, and
on each February 1 thereafter, the Finance Director shall increase each impact fee by the dollar
amount (rounded to the nearest whole-dollar increment) obtained by multiplying the amount of the
fee then in effect by the inflation rate. As used in this subsection, the term "inflation rate" means the
percentage increase, if any, during the previous calendar year in the Consumer Price Index - All
Urban Consumers, Northeast Urban Area, All Items (1982-84 = 100 base) (not seasonally adjusted)

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City of Westbrook, ME

§ 335-16.9 WESTBROOK CODE § 335-16.10

published by the United States Department of Labor Bureau of Labor Statistics. If there has been no
such increase, there shall be no adjustment under this subsection.

B. Each year on February 1, the City Clerk shall publish a schedule of impact fees adjusted pursuant to
this section (the "adjusted impact fees") and provide a copy of such schedule to the Code Enforcement
Officer. The adjusted impact fees shall apply to all building permits issued on or after February 1 of
each calendar year, whether or not the applications for building permits were filed prior to such dates.

§ 335-16.10. Impact fee not required for replacement dwelling units.

An impact fee shall not be required for the following units, provided that the number of bedrooms
constructed in the new structure is equal to or less than number of bedrooms in the structure being replaced:

A. The placement or construction on a lot of a dwelling unit which replaces a dwelling unit which was
located on the same lot at any time before October 3, 2016;

B. The placement on a mobile home park site of a mobile home which replaces a mobile home which
was located on the same site at any time before October 3, 2016;

C. The placement or construction on a lot of a dwelling unit which replaces a dwelling unit which is or
was located on the same lot and for which an impact fee has already been paid under this article; or

D. The placement on a mobile home park site of a mobile home which replaces an existing mobile home
which is or was located on the same site and for which an impact fee has already been paid under this
article.

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