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Town of Kittery, ME
York County
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Table of Contents
Table of Contents
Whenever any fee is established for municipal permitting, licensing, services, application, appeal, or the like, in the title addressing such, a corresponding fee schedule must be established by resolution of the Town Council and included in Appendix A, Fee Schedule, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption). This section, originally § 1.3.4 of the Code, was moved to this Chapter 1.2 at time of adoption of Code, replacing former § 1.1.1, How Code designated and cited.
A. 
In the construction of this Code, and of all ordinances, the rules and definitions set out in this section must be observed, unless such construction would be inconsistent with the manifest intent of the Town Council. The rules of construction and definitions set out herein must not be applied to any section of this Code which contains any express provision excluding such construction or where the subject matter or context of such section may be repugnant thereto.
B. 
All general provisions, terms, phrases and expressions contained in this Code must be liberally construed in order that the true intent and meaning of the Town Council may be fully carried out.
C. 
In the interpretation and application of any provisions of this Code, they must be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation controls.
D. 
Except where specifically defined in this chapter, or in particular titles separately, all words used in this Code carry their customary dictionary meanings. All definitions are understood to be consistent with state and federal law as may be amended from time to time, and where any discrepancy may arise, the state or federal usage prevails. Words used in the present tense include the future, and the plural includes the singular, and gender-specific words (e.g., she, he, his, hers) include the opposite sex equivalent.
E. 
Rules.[1]
(1) 
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding is held, the day on which such notice is given or such act is done is not counted in computing the time, but the day on which such proceeding is to be held is counted.
(2) 
Corporate or Town limits. The term "corporate limits" or "Town limits" means the legal boundaries of the Town of Kittery, Maine.
(3) 
County. The words "the county" or "this county" means the County of York in the State of Maine.
(4) 
Delegation of authority. Whenever a provision appears requiring the head of a department or some other Town officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty, unless the terms of the provision or section specify otherwise.
(5) 
Joint authority. Words giving authority to three or more persons authorize a majority to act, when the enactment does not otherwise determine.
(6) 
Nontechnical and technical words. Words and phrases are construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law are construed and understood according to such meaning.
(7) 
Number. Words of the singular number include the plural, and words of the plural number include the singular.
(8) 
Officials, boards, commissions. Whenever reference is made to officials, boards, commissions by title only, i.e., "Town Council," "Town Clerk," "Town Manager," etc., they are deemed to refer to the officials, boards and commissions of the Town of Kittery.
(9) 
Owner, applied to a building or land, means and includes any part owner, joint owner, tenant in common, joint tenant of the whole or of a part of such building or land.
(10) 
Preceding or following. The words "preceding" and "following" mean next before and next after, respectively.
(11) 
Must; may. "Must" indicates a mandatory duty, action or requirement. "May" indicates authorization or permission to act.
(12) 
State. The words "the state" or "this state" are construed to mean the State of Maine.
(13) 
Town Council, Council. Whenever the words "Council" or "Town Council" are used, they are construed to mean the Town Council of the Town of Kittery, Maine.
(14) 
"Written" or "in writing" are construed to include any representation of words, letters or figures, whether by printing or otherwise.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
F. 
Definitions. Except where specifically defined in this Town Code, all words used in this title carry their customary dictionary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the words "shall" or "must" are always mandatory; "occupied" or "used" are considered as though followed by the words "or intended, arranged or designed to be used or occupied"; and, gender-specific words (e.g., she, he, his, hers) include the opposite sex equivalent.[2]
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 Code; 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.
BANNER
Any sign of lightweight fabric or similar material that is mounted for display at one or more edges.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or property. Each portion of a building, separated from other portions by a fire wall, is considered as a separate structure.
BUSINESS
For the purposes of the sign regulations, any corporation, trust, partnership, or other verifiable legal entity with the object of gain, benefit, or advantage.
CLERK
The Kittery Town Clerk.
CODE ENFORCEMENT OFFICER (CEO)
The person duly authorized by the Town to carry out the duties as prescribed herein and in the Town Administrative Code.
COMMUNITY
The Town of Kittery and its people.
COMPREHENSIVE PLAN
Any part or element of the plan or policy for the development of the Town as defined in 30-A M.R.S. § 4301, as issued in the Kittery Comprehensive Plan, dated July 1989 and approved by the Town Council on September 25, 1989, or subsequent revisions or additions thereto (e.g., comprehensive harbor plan).
COUNCIL
The Kittery Town Council.
DAY
A calendar day, unless otherwise indicated.
DEVELOPER
Any person, firm, corporation, or other legal entity that makes application for any type of development within the Town.
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.
(1) 
Any game, contest, scheme, or device in which: (1) a person stakes or risks something of value for the opportunity to win something of value; (2) the rules of operation or play require an event, the result of which is determined by chance, outside the control of the contestant or participant; and (3) chance enters as an element that influences the outcome in a manner that cannot be eliminated through the application of skill.
(2) 
As used in this definition, "an event the result of which is determined by chance" includes, but is not limited to, a shuffle of a deck or decks of cards, a roll of a die or dice, or a random drawing or generation of an object or objects that may include, but are not limited to, a card or cards, a die or dice, a number or numbers, or simulations of any of these. A shuffle of a deck or decks of cards, a roll of a die or dice, a random drawing or generation of an object or objects, or some other event the result of which is determined by chance that is employed to determine impartially the initial order of play in a game, contest, scheme, or device, does not alone make a game, contest, scheme, or device a game of chance.
GAME OF SKILL
Any game, contest, scheme, or device in which a person stakes or risks something of value for the opportunity to win something of value and that is not a game of chance.
LICENSE
That license duly issued by the Council.
MONTH
A calendar month.
MUNICIPAL OFFICER
A member of the Town Council as defined in the 30-A M.R.S. § 2001(10).
MUNICIPAL OFFICIAL
Any elected or appointed member of the municipal government, as defined in 30-A M.R.S. § 2001(11).
MUNICIPALITY
Town of Kittery, Maine.
NUISANCE
Includes those public and common nuisances as defined by state statute 17 M.R.S. § 2802 et seq.
OATH
Includes an affirmation, when affirmation is allowed. Affirmation is allowed when a person required to be sworn is conscientiously scrupulous of taking an oath.
PERSON
An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, firm or, in the case of a corporation or association, any official thereof, or other legal entity.
PERSONAL PROPERTY
Includes every species of property except real property, as described in this section.
PRACTICABLE
Available and feasible, considering cost, existing technology, and logistics based on overall project purposes.
PROPERTY
Includes real and personal property.
REAL PROPERTY
Includes lands, tenements and hereditaments.
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.
SIDEWALK
Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways.
SIGN, TEMPORARY
A sign that is intended to remain where it is erected or placed for a period of time not to exceed 21 days in any calendar quarter.
SIGNATURE
Includes a mark when the person cannot write.
SLOT MACHINE
Any machine which operates by inserting a coin, token, or similar object, setting the internal mechanism of the machine in motion, and by the application of the element of chance may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tickets, or something of value.
STREET
A way established or maintained under public authority, or a minimum forty-foot-wide private way constructed to Town standards, as contained in Chapter 16.8, approved by the Planning Board and plotted, dedicated and recorded; or a way shown on a plan of a subdivision duly approved by the Planning Board. "Street" is construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the Town, and includes all areas thereof embraced between the property lines and dedicated to the public use.
TENANT or OCCUPANT
The words "tenant" or "occupant," applied to a building or land, mean and include any person holding a written or oral lease or who occupies the whole or a part of such buildings or land, either alone or with others.
TOWN
The Town of Kittery, Maine.
WASTE
Any unwanted or discarded substance or material, whether or not such substance or material has any future use, and includes any substance or material that is spilled, leaked, pumped, poured, emitted, disposed of, emptied, or dumped onto the land or into the water.
WHARF
A structure on the shore, parallel to the shoreline of navigable waters, alongside of which vessels can be brought for loading or unloading.
YEAR
A calendar year, unless otherwise expressed.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
G. 
Statutes, regulations, acronyms, abbreviations and technical references.
(1) 
Statutes and regulations incorporated into this Code by reference. (Reserved)
(2) 
Acronyms and abbreviations used in this Code. (Reserved)
(3) 
Technical sources incorporated into this Code by reference. (Reserved)
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not deemed or taken to be titles of such sections nor as any part of the section, nor, unless expressly so provided, are they to be so deemed when any of such sections, including the catchlines, are amended or reenacted.
All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code must be numbered in accordance with the numbering system of this Code and printed for inclusion herein, or in the case of repealed chapters, sections and subsections or any part thereof by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby and the subsequent ordinances, as numbered and printed or omitted, in the case of repeal, is prima facie evidence of such subsequent ordinances until such time as this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the Town Council.[1]
[1]
Editor's Note: Original §§ 1.2.5, Unauthorized alteration or tampering with Code; 1.2.6, Effect of repeal of ordinances; and 1.2.7, Severability of parts of Code, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1.1, Code Adoption).