This chapter is known as the "Use of the Public Way Ordinance."
Terms, phrases and words in this chapter have the meanings given
herein or, if not defined, are given their ordinary accepted meanings:
PEDESTRIAN ACCESS ROUTE (PAR)
Must be free of obstructions and, at a minimum, include the
following:
A.
Surfaces must be firm, stable, and slip-resistant. Concrete
or asphalt must be free of holes and depression. Gratings, access
covers, and other appurtenances must not be located on curb ramps,
landings, and gutters within the PAR;
B.
Width clearance must be four feet minimum, with a continuous
passing width of five feet;
C.
Passing width at two-hundred-foot intervals must be five feet
by five feet minimum; and
D.
Vertical clearance must be seven feet in height.
PUBLIC WAY
For the purposes of this Chapter
5.10 only, the area between the street curb (or edge of street pavement if curb does not exist) and the property line. If a land title survey or other official documentation demonstrating the location of the property line is not provided, it will be assumed that the public way extends to the building facade.
SITE FURNISHINGS
Those elements and site amenities that are shown on the sketch
plan that accompanies the use of the public way permit application
and approved by the Code Enforcement Officer (CEO) and Town Planner.
Such elements may include, but are not limited to: benches, tables,
chairs, umbrellas, bicycle racks, and trash receptacles. Excluded
elements include: vending and soda machines, refrigerated cabinets,
ice machines, freezer chests and other like appliances. There may
be no signage and/or advertising associated with the site furnishings
unless as reviewed and approved by the CEO and Town Planner per Town
Code § 16.8.10.1 et seq.
[Amended 6-10-2013 by Ord. No.
13-03; 6-9-2014 by Ord. No. 14-03; 4-27-2015 by Ord. No. 15-02]
The regulations of this chapter apply only to those properties
located in the Mixed Use - Kittery Foreside Zone.
The use of the public way must be designed to accommodate pedestrians
and patrons without danger to the public health or safety. To this
end, the following standards must be satisfied:
A.
A pedestrian access route as defined in §
5.10.3 must be provided within the public way at all times.
B.
Site furnishings must not block customary access to the street,
such as, but not limited to, curb cuts, crosswalks, and doors to parked
cars.
C.
Site furnishings must not extend past the frontage of the property
that is being considered for the permit.
Any person aggrieved by any decision regarding application for
a use of the public way permit may appeal the decision to the Town
Manager. Such appeal must be instituted within 30 days after the receipt
of a written decision.
It is the intent of this chapter that use of the public way,
when permitted, will be self-policed by merchants and business/property
owners. In the event self-policing is not successful, the Code Enforcement
Officer is to enforce the provisions of this chapter. The Code Enforcement
Officer is to order the correction or abatement of all violations
of this chapter. Uncorrected violations are to be reported to the
Town Manager and may incur Town Council action regarding future use
of the public way fronting the property in question.
Use of the public way in a manner described within this chapter
without an approved use of the public way permit, or not in compliance
with this chapter, is a violation of this chapter.
This chapter is repealed without replacement on December 31,
2012, unless re-enacted by the Town Council prior to December 1, 2012.