This chapter shall be known and may be cited as the "Kennebunkport
Land Use Ordinance" and will be referred to herein as "this chapter."
This chapter and its regulations are designed for all the purposes
of zoning embraced in Maine Revised Statutes, among other things:
to promote and conserve the health, safety, convenience, and welfare
of the inhabitants; to encourage the most appropriate interrelationships
of land uses and groups of land uses in the various parts of the Town;
to secure safety from fire, panic, epidemics, flooding and other dangers;
to provide adequate access of light and air; to prevent overcrowding
of real estate; to lessen congestion in the streets; to facilitate
the adequate provision of transportation, water, sanitary facilities,
schools, parks and other public requirements, and to preserve and
increase amenities throughout the Town of Kennebunkport. This chapter
has been amended to comply with the Mandatory Shoreland Zoning Act[1] and DEP Minimum Shoreland Zoning Guidelines 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, 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.
[1]
Editor's Note: See 38 M.R.S.A. § 435 et seq.
Under the authority of 30-A M.R.S.A. §§ 2691,
3001 and 4352 to 4358 and 38 M.R.S.A. §§ 435 to 449,
any other enabling statutes, and all amendments thereto, the Town
of Kennebunkport hereby regulates pursuant to this chapter the inspection,
materials, construction, demolition, alteration, repair, height, bulk,
area, ground coverage, location and use of buildings and structures,
and the use of land throughout the Town and also hereby divides the
Town into zones.
B.
Shoreland zoning provisions also apply to: all land areas within
75 feet, horizontal distance, of the normal high-water line of a stream,
to the entire area designated as the Dock Square and Riverfront Zoning
Districts, and 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.
In general, this chapter is complementary to other Town ordinances
affecting the use, height, area and location of buildings and the
use of land, but whenever a provision of this chapter conflicts with
or is inconsistent with another provision of this chapter, or other
Town ordinances, or where there is a conflict between this chapter
and any other federal, state or local rule, regulation, ordinance,
statute or other restriction, the more restrictive provision shall
control.
The invalidity of any section or provision of this chapter shall
not affect the validity of any other section or provision of this
chapter.
A certified copy of this chapter 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 chapter
shall be posted.
It is the intent of this chapter that any use not specifically
allowed as either a permitted use or conditional use is specifically
prohibited.
This chapter shall become effective as soon as it receives a
favorable vote of the voters of the Town.
