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.
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).
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.
GAME OF CHANCE
(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.
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).
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.
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.