A.
In the interpretation and enforcement of this chapter, all words
other than those specifically defined in the chapter shall have the
customary dictionary definition unless a different meaning is clearly
implied by the context in which they are used. In the event of a conflict
between the text of this chapter and any map, illustration, or table,
the text shall control.
B.
The word "person" includes an individual, corporation, governmental
agency, municipality, trust, estate, partnership, association, two
or more individuals having a joint or common interest, or other legal
entity.
C.
The present tense includes the future tense; the singular includes
the plural, and the plural includes the singular.
D.
The words "shall" and "will" are mandatory; the word "may" is permissive.
E.
The word "he" means either "he" or "she."
In this chapter, the following terms shall have the following
meanings:
Any lot that is physically contiguous with the subject lot
even if only at a point, and any lot which is located directly across
the street or right-of-way from the subject lot such that the extension
of the side lot lines of the subject lot would touch or enclose the
abutting property.
A subordinate use or structure customarily incidental to
and located on the same lot as the principal use or structure, such
as a detached garage, workshop, or the like. Accessory uses, in the
aggregate, shall not subordinate the principal use or structure on
a 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 and may not be independently
conveyed to the extent permitted by law.
[Amended 6-13-2023]
A measure of land containing 43,560 square feet.
An owner of land whose property is directly or indirectly
affected by the granting or denial of a permit or variance under this
chapter; 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.
Includes such items as homemade jams and jellies, honey,
cheese, dairy products, baked goods, herbs and spices, ice cream and
maple syrup. These products are to be produced privately or by an
approved home occupation. It does not include items purchased for
wholesale for the purpose of selling for retail, except as permitted
within Subsection A(2) of the "farm stand" definition. Any licenses,
either state or federal, are the owner/applicant's responsibility
to obtain and maintain. (Also see "farm stand.")
The cultivation of soil for the production or raising of
food, crops, or other valuable or useful products including commercial
gardening, and the growing of nursery stock. Agriculture does not
include forest management and timber-harvesting activities.
A change, addition, or modification requiring construction,
including any change in the location of structural member of buildings
such as bearing walls, columns, beams or girders, but not including
cosmetic or decorative changes.
Clock towers, bell steeples, light poles, water towers, electrical
transmission line towers, smokestacks, existing buildings, and similar
mounting structures that camouflage or conceal the presence of an
antenna(s).
Boarding, raising, breeding or keeping of animals, fish or
fowl for commercial purposes including, without limitation, swine,
poultry, cattle and horses.
A system of one or more rods, panels, discs or similar devices
used for the transmission or reception of radio frequency signals.
These include, but are not limited to, omnidirectional antennas (whips
or rods), directional antennas (panels) and parabolic antennas (dish
or disc).
A separate dwelling unit which may be located within a single-family dwelling, attached to or sharing a wall with a single-family dwelling, or a detached accessory structure as permitted under § 240-7.1 of this chapter. An accessory apartment is an extension of use and may not be independently conveyed except to the extent permitted by law. An accessory apartment may be considered an accessory dwelling unit under 30-A M.R.S.A. § 4364-B or an additional dwelling unit under 30-A M.R.S.A. § 4364-A, as determined by the municipal reviewing authority.
[Amended 6-13-2023]
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
A business establishment which serves its customers while
they remain in their motor vehicles, such as a drive-in restaurant,
drive-up bank teller and car wash.
A business establishment where motor vehicles and/or their
related parts are serviced, repaired, reconditioned, painted or rebuilt.
A business establishment selling fuel and related products
for motor vehicles.
The area of cross-section of a tree stem at 4 1/2 feet
above ground level and inclusive of bark.
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.
A business establishment having nine or fewer guest rooms
in which lodging is offered to guests for compensation and meals may
be offered for compensation only to the lodgers.
A nonresidential structure designed for the purpose of protecting
or storing boats for noncommercial purposes.
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.
A business establishment where boats are hauled, stored,
built and/or repaired.
The phrase "body of water" includes the following:
TIDAL WATERAll waters affected by tidal action and below the upland edge of the coastal wetland as defined by this chapter, including the Kennebunk River.
PONDAn inland impoundment of water, natural or man-made, which collects and stores surface water.
STREAMA 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 edition of a United States Geological Survey 7.5 minute series topographic map to the point where the body of water becomes a river or flows to another body of water or wetland within the shoreland area. Streams with floodplains, as indicated by the FEMA Flood Insurance Rate Maps for the Town of Kennebunkport, shall be defined as streams for the purposes of this chapter along any sections of their length that are located within the limits of the one-hundred-year floodplain and outside of the Shoreland Zone.
GREAT PONDAny 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 purposes of this chapter, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.
RIVERA 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. Note: The portion of a river that is subject to tidal action is a coastal wetland.
TRIBUTARY STREAMA 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 chapter and only applies to that portion of the tributary stream located within the Shoreland Zone of the receiving body of water or wetland. Water setback requirements apply to tributary streams within the Shoreland Zone.
Any structure arranged, designed, intended or used for the
shelter, housing or enclosure of persons, animals, processes, equipment
or property of any kind.
The area of a lot covered by all portions of any building
and/or detached or attached accessory structures, including but not
limited to garages, sheds, decks, porches, bulkhead entrances, steps,
cantilevered sections, and roof overhangs.
The vertical distance measured from the average elevation
of the original ground level on all sides with 20 feet of a building
to the highest point of the building, not including such building
features as chimneys, decorative cupolas, spires or similar nonhabitable
appurtenances.
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.
The more or less continuous cover formed by tree crowns in
a wooded area.
A burial ground for the interment of the dead.
The change from an existing use to another use, including,
without limitation, the addition of a new use to an existing use.
A natural or artificial watercourse with defined bed and
banks to confine and conduct continuously or periodically flowing
water. Channel flow is water flowing within the limits of the defined
channel.
An establishment providing day care for five or more children
under the age of 16 which charges for the care of the children whether
in a private home or separate establishment, and whether or not licensed
by the State of Maine.
A building or group of buildings arranged, designed, intended
or used for the conduct of religious services and accessory uses associated
therewith.
Any voluntary association of persons organized for fraternal,
social, religious, benevolent, recreational, literary, patriotic,
scientific, or political purposes whose facilities are open to members
but not the general public, and which is principally engaged in activities
which are not customarily carried on for pecuniary gain.
A type of development where lot sizes are reduced below the
minimum requirements of this chapter and the land gained thereby is
preserved as open space.
All tidal and subtidal lands, and any other adjacent lands
below an elevation of seven feet above mean sea level, utilizing the
National Geodetic Vertical Datum (NGVD) of 1929. Coastal wetlands
may include portions of coastal sand dunes, and may consist of rocky
ledges, sand and cobble beaches, mud flats, etc., in addition to salt
marshes and salt meadows.
A person appointed by the municipal officers to administer
and enforce this chapter. Reference to the "Code Enforcement Officer"
shall include the Building Inspector, Plumbing Inspector, Electrical
Inspector, and the like, where applicable.
Commercial premises owned or managed as a single entity,
which accommodate more than one retail or service business, including
professional offices, and contain between 2,500 square feet and 12,000
square feet of gross floor area.
Commercial premises owned or managed as a single entity,
which accommodate more than one retail or service business, including
professional offices, and contain more than 12,000 square feet of
gross floor area, including department stores and grocery stores with
more than 12,000 square feet of gross floor area.
A business establishment providing indoor recreation facilities,
such as a bowling alley, skating rink, swimming pool, tennis or racquetball
courts, but not including mechanical, electronic or video game arcades.
A business establishment providing outdoor recreational facilities
such as a golf course, tennis courts, swimming pool, ice-skating rink,
or riding stables, but not including campgrounds, drive-in movie theaters,
race tracks, water slides or mechanical or motorized rides.
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.
A building owned by a nonprofit organization available to
the community for purposes of public assembly and community activities.
A governmental or public service use for the general benefit
of citizens funded in whole or in part by the Town of Kennebunkport
or a quasi-public organization, including by way of illustration and
without limitation, municipal buildings, schools, public parks and
recreational facilities, fire stations, ambulance services and sewage
treatment plants.
A structure or use which is generally inappropriate without
restrictions in a given zone, which if controlled as to location,
size and off-site impacts, may have no adverse effects upon the public
health, safety or welfare. The only structures or uses which shall
be permitted as conditional uses are those listed as conditional uses
in Article 4 or specifically described as conditional uses in other
provisions of this chapter.
The process by which the property owner, in consideration
of the rezoning of that property owner's property, agrees to the imposition
of certain conditions and restrictions not imposed on other zoned
proprieties.
The cross-sectional area of a stream or tributary stream
channel is determined by multiplying the stream or tributary stream
channel width by the average stream or tributary stream channel depth.
The stream or tributary stream channel width is the straight-line
distance from the normal high-water line on one side of the channel
to the normal high-water line on the opposite side of the channel.
The average stream or tributary stream channel depth is the average
of the vertical distances from a straight line between the normal
high-water lines of the stream or tributary stream channel to the
bottom of the channel.
The diameter of a standing tree measured 4.5 feet from ground
level.
A level structure adjacent to a building elevated above the
surface of the ground which may have a railing and an awning or other
covering, but not a roof.
Repainting, re-siding, reroofing; adding, removing or replacing
trim, railings, or other nonstructural architectural details.
The act of destroying or pulling down a building or structure.
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.
Numerical standards relating to spatial relationships, including
but not limited to setback, lot area, shore frontage and height.
Any disability, infirmity, malformation, disfigurement, congenital
defect or mental condition caused by bodily injury, accident, disease,
birth defect, environmental conditions or illness. This 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.
The alteration of the physical shape, properties, or condition
of a shoreline at any location by timber harvesting and related activities.
A shoreline where shoreline integrity has been disrupted is recognized
by compacted, scarified and/or rutted soil, an abnormal channel or
shoreline cross-section, and in the case of flowing waters, a profile
and character altered from natural conditions.
See "pier."
Any building or structure or portion thereof containing one
or more dwelling units, but not including a motel, hotel, inn or similar
use.
SINGLE-FAMILY DWELLINGA building designed or intended to be used exclusively for residential occupancy by one family only and containing only one dwelling unit, or one dwelling unit with an accessory apartment as permitted under § 240-7.1, including a modular home unit.
TWO-FAMILY DWELLINGA building designed or remodeled to be used exclusively for residential occupancy to two families living independently of one another and containing two dwelling units. Each unit shall have not less than 650 square feet.
MULTIPLEX DWELLINGA building for residential occupancy by three or more families living independently of one another and containing three or more dwelling units, including apartment buildings and condominiums, but excluding single-family dwellings with accessory apartments.
One or more habitable rooms arranged, designed or intended
to be used, or used as a complete housekeeping unit for one or more
individuals living together as a family with independent living, cooking,
sleeping, bathing and sanitary facilities. Recreational vehicles are
not residential dwelling units. Within any Shoreland Zone, the term
"dwelling unit" shall include seasonal rental units which meet the
above definition, regardless of the time period rented.
Topsoil, sand, gravel, clay, peat, rock or other minerals.
A residential facility that is licensed in whole or in part
as a residential care facility, congregate facility, or assisted-living
facility by the Maine Department of Health and Human Services and
occupied exclusively by elderly persons that provides accommodations,
a program of supportive services appropriate to the needs of the residents,
and shared community space and dining facilities for the use of residents
of the facility. All residents of the facility shall be 55 years of
age or older or shall be a member of a household in which one member
of the household was at least 55 years of age at the time of entry
to the facility. Facilities financed wholly or partially with federal
funds may include units available for occupancy by handicapped persons
who are not elderly, provided that the number of such units is the
minimum needed to establish eligibility for the financing program.
To be considered an elder-care facility, at least 60% of the residents
shall be provided with a program of supportive services that, at a
minimum, includes housekeeping assistance, personal care assistance,
transportation, social and recreational activities, and one main meal
per day served in a common or shared dining room.
The accommodations in an elder-care facility may consist of
individual dwelling units, residential care units, or a combination
of both. Residential care units shall contain at least 240 but not
more than 720 square feet of living area and may have a portable or
compact kitchen but shall not have permanent, full kitchen facilities
within the unit.
An elder-care facility may include a range of types of housing
including, but not limited to, independent living units, congregate
units, assisted-living units, Alzheimer's care units, boarding care
units, respite care units, sub-acute care units, and similar living
units. Nursing home facilities may be a part of an elder-care facility,
but a facility that provides nursing home accommodations exclusively
shall not be considered to be an elder-care facility. An elder-care
facility may include supportive facilities including, but not limited
to, administrative facilities, common dining facilities, care facilities,
common areas, temporary housing accommodations for visitors and relatives
of residents, maintenance facilities, and similar facilities necessary
for the operation of the facility or the provision of services to
the residents of the facility and other elderly people and/or people
with disabilities such as health care, restorative therapies, rehabilitation
services, financial services, personal-care services, and other services
that meet the day-to-day needs of the residents of the facility.
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 and
livestock from the threat of destruction or injury.
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.
An increase in the floor area or volume of a structure, according
to the provisions of Article 8 of this chapter.
The addition of one or more months to a use's operating season;
or the use of more floor area or ground area devoted to a particular
use. See Article 8 for specific standards and exemptions.
The excavation, processing or storage of soil, topsoil, peat,
loam, sand, gravel, rock or other mineral deposits, not including:
The excavation of material incidental to approved construction
of buildings, driveways or parking areas.
The excavation of material incidental to and at the site of
construction or repair of streets.
The excavation, processing or storage of less than 10 cubic
yards of material on a lot within a one-year period.
One or more persons occupying a dwelling unit and living
together as a single housekeeping unit where all occupants have common
use and access to all living and eating areas, bathroom, and food
preparation and serving areas.
A roadside stand not exceeding 400 square feet in floor area
selling only farm, garden, greenhouse, or nursery products and, between
Labor Day and Christmas, cut Christmas trees, garlands, wreaths and
wreath materials. In addition to products or produce raised or produced
on the premises, farm and garden products may include:
Goods processed on the premises under a home food manufacturing
license from the Maine Department of Agriculture, Conservation and
Forestry; and
Fresh produce purchased off-site to supplement sales during
the growing season and agriculturally related products, provided that
such produce and products do not occupy more than 25% of the space
devoted to farm stand permitted sales.
For the purpose of this chapter, "agriculturally related products"
includes such items as homemade jams and jellies, honey, cheese, dairy
products, baked goods, herbs and spices, ice cream and maple syrup.
These products are to be produced privately or by an approved home
occupation. Retail sales only to include items that are wholesale
purchased fresh produce or items defined under agriculturally related
products. Any licenses, either state or federal, are the owner/applicant's
responsibility to obtain and maintain. (Also see "agriculturally related
products.")
The loading, unloading, packing, processing and packaging
of edible fish and other seafood products but not including processing
of fish wastes or fish by-products.
Personal property designed, intended or used in connection
with commercial and/or recreational fishing activities including boats,
nets, buoys, traps and line.
A floating structure, designed to rise and fall with the
tide or wave action, which provides direct access to a watercraft
secured alongside, and is usually connected to the shore or to a pier,
dock or wharf by a ramp.
The channel of a river or other watercourse and adjacent
land areas that must be reserved in order to discharge the one-hundred-year
flood without cumulatively increasing the water surface elevation
by more than one foot in height.
The sum of the horizontal areas of the floor(s) of a structure
enclosed by exterior walls, plus the horizontal area of any unenclosed
portions of a structure such as porches and decks. See Article 8 for
standards and exemptions when measuring floor area for the purpose
of determining allowable expansions of nonconforming uses or structures.
Timber cruising and other forest resource evaluation activities,
pesticide or fertilizer application, management planning activities,
timber stand improvement, pruning, regeneration of forest stands,
and other similar or associated activities, exclusive of timber harvesting
and the construction, creation or maintenance of roads.
A contiguous group of trees sufficiently uniform in age class
distribution, composition, and structure, and growing on a site of
sufficiently uniform quality, to be a distinguishable unit.
A freshwater wetland dominated by woody vegetation that is
six meters tall (approximately 20 feet) or taller. Forested wetlands
of greater than two contiguous acres, which are not adjacent to a
surface water body, but nonetheless are found within any Shoreland
Zone, are subject to inclusion in the Resource Protection District,
pursuant to Article 5, but shall not require any Shoreland Zoning
structure setbacks.
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 swamps, marshes, bogs and similar areas, other than
forested wetlands, which are:
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
Inundated or saturated by surface 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.
Freshwater wetlands may contain small stream channels or inclusions
of land that do not conform to the criteria of this definition.
Freshwater or forested wetlands of less than 10 contiguous acres
but greater than two contiguous acres, which are not adjacent to a
surface water body, but nonetheless are found within any Shoreland
Zone, are subject to inclusion in the Resource Protection District,
pursuant to Article 5, but shall not require any Shoreland Zoning
structure setbacks. Freshwater or forested wetlands less than two
acres are not subject to inclusion in the Resource Protection District
and shall not require any Shoreland Zoning structure setbacks.
The horizontal distance, measured in a straight line, between
the intersections of the side lot lines of a lot with the shoreline
at the normal high-water mark.
The horizontal distance measured in a straight line between
the intersections of the side lot lines with the right-of-way of a
street.
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 and recreational
fishing and boating facilities, excluding recreational boat storage
buildings, finfish and shellfish processing, fish storage and retail
and wholesale facilities, marinas, navigation aids, basins and channels,
retaining walls, industrial uses dependent upon water-borne transportation
or requiring large volumes of cooling or processing water that cannot
reasonably be located or operated at an inland site, and uses which
primarily provide general public access to coastal or inland waters.
See "body of water."
Small plants, fallen leaves, needles and twigs and the partially
decayed organic matter of the forest floor.
That story of a building immediately beneath a sloping roof
when not more than 50% of its floor space can accommodate a seven-foot
ceiling. A half story may be used for any purpose that is permissible
for a full story.
The manufacturing of handcrafted articles, such as ceramics,
leather goods and jewelry.
The area where timber harvesting and related activities,
including the cutting of trees, skidding, yarding, and associated
road construction take place. The area affected by a harvest encompasses
the area within the outer boundaries of these activities, excepting
unharvested areas greater than 10 acres within the area affected by
a harvest.
A public or private facility that provides services for health
maintenance of the diagnosis and/or treatment of human disease, pain,
injury, or physical condition, including but not limited to hospitals,
health centers, clinics, treatment centers, and similar institutions.
Health institutions do not include facilities that provide long-term
residential care such as nursing homes or elder-care facilities or
the professional offices of doctors, psychiatrists, or other health
care professionals.
See "building height."
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. See § 240-7.6 of this chapter.
A building or group of buildings having 10 or more guest
rooms in which lodging or meals and lodging are offered for compensation,
including motels, tourist courts, motor lodges and cabins.
That portion of a lot or site which is or will be improved
with buildings, structures, driveways, parking lots, pedestrian walkways,
signs and other improvements on the surface of the ground which are
more impervious to water than the natural surface of the site.
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.
The assembling, fabrication, finishing, manufacturing, packaging
or processing of goods, or the extraction of minerals.
A business establishment having nine or fewer guest rooms
in which lodging is offered to guests for compensation and meals may
be offered for compensation to the lodgers and the general public.
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.
A non-native (adventitious) species that is capable of moving
aggressively into a habitat and monopolizing resources such as light,
nutrition, water, and space to the detriment of other species. (Note:
For guidance, consult the "Invasive Plant Atlas of New England," Department
of Ecology and Evolutionary Biology, University of Connecticut, for
the current approved listing of invasive plants or a list provided
at the Town Office.)
AUTOMOBILE GRAVEYARDA yard, field or other area used as a place of storage for three or more unserviceable, discarded, worn-out or junked automobiles.
JUNKYARDA yard, field or other area used as a place of storage for discarded, worn-out or junked plumbing, heating supplies, household appliances, furniture, discarded scrap and junked lumber, old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and scrap iron, steel and other ferrous and nonferrous material, including garbage dumps, waste dumps and sanitary landfills.
Any commercial establishment where dogs and/or cats are kept
or boarded for a fee or where animal grooming is performed for a fee.
A route or track consisting of a bed of exposed mineral soil,
gravel, or other surfacing materials constructed for, or created by,
the passage of motorized vehicles and used primarily for timber harvesting
and related activities, including associated log yards, but not including
skid trails or skid roads.
A nonprofit facility, publicly or privately owned, open to
all members of the public, where books, manuscripts, musical scores,
or other literary and artistic materials are kept for use as the principal
use of the premises.
A forester licensed under Title 32 M.R.S.A. Chapter 76.
An area of land in one ownership, or one leasehold with ascertainable
boundaries established by deed or other instrument of record, or a
segment of land ownership defined by a lot boundary line on a subdivision
plan duly approved by the Planning Board and recorded in the York
County Registry of Deeds.
The total area located within the lines of a lot as measured
on a horizontal plane. Within the Shoreland Zone, "lot area" shall
exclude land areas below the normal high-water line of a water body
and any other adjacent areas of sand, if any, located between the
normal high-water line of a water body and either the seaward edge
of a structure, such as a sea wall, or the seaward edge of dune vegetation.
The percentage of the lot covered by structures. Within the
Shoreland Zone, lot coverage shall include driveways, parking lots,
and other nonvegetated surfaces.
The property lines bounding a lot as defined below:
FRONT LOT LINEOn an interior lot, the line separating the lot from the right-of-way containing a street or private road providing vehicular access to the lot or capable of providing vehicular access to the lot. On a corner or through lot, the line separating the lot from each right-of-way containing the street or private road providing vehicular access to the lot.
REAR LOT LINEThe lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line shall be an imaginary line between the side lot lines parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the front lot line of least dimension.
SIDE LOT LINEAny lot line other than the front lot line or rear lot line.
See "minimum lot area."
A parcel of land, a legal description of which or the dimensions
of which are recorded on a document or map on file with the York County
Registry of Deeds as of March 12, 1985, or as of the effective date
of any amendment to this chapter, as the case may be.
The width of any lot as measured wholly within the lot at
the required front setback to the road or street right-of-way along
a line parallel to the straight line connecting the intersections
of the front lot line with the side lot lines.
A lot with at least two contiguous sides abutting upon a
street or right-of-way.
Any lot other than a corner lot.
A structure or structures having the meaning given to "manufactured
housing" as defined in 30-A M.R.S.A. § 4358, Subsection
1A, provided that, for purposes of this chapter, such structural units
are transportable in no more than two sections.
A structural unit designed for human occupancy, 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,
as defined more specifically in 30-A M.R.S.A. § 4358, Subsection
1A.
The making of goods and articles by hand or machinery, including
assembly, fabrication, finishing, packaging and processing.
A business establishment having frontage on the navigable
waters within the Town which offers for rent or sale to the boating
public: moorings, dock space, boats and marine equipment, shower and
laundry facilities, water, ice, diesel fuel, gasoline, oil and related
products; and where boats may be hauled, stored, repaired and/or constructed.
A business establishment having frontage on the navigable
waters within the Town, which business establishment offers for rent
or sale to persons engaged in commercial fishing, lobstering, or other
harvesting of marine resources, but not to pleasure craft, some or
all of the following: moorings, dock space, boats and marine equipment,
shower and laundry facilities, water, ice, diesel fuel, gasoline,
oil and related products; and where boats may be hauled, stored, repaired
and/or constructed.
The providing of marine transportation for consideration
including, but not limited to, whale watches, fishing excursions,
cruises with or without a specific destination, ferries, boat charter
and excursion services.
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.
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.
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 to
transport the product removed away from the extraction site.
The lot area, less the area of any land subject to rights-of-way
or drainage or stormwater management easements, or any other easement
other than utility easements servicing the lot and also excluding
lands which are below the normal high-water mark of any water body
or wetlands, as defined by this chapter, regardless of size.
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.
Any unit of manufactured housing constructed prior to June
15, 1976, or which is not included in the definition of "manufactured
housing."
[Amended 11-3-2020]
A parcel of land under unified ownership designed and/or
used to accommodate three or more manufactured homes.
The area of land on which an individual manufactured home
is situated within a mobile home park and which is reserved for use
by the occupants of that housing unit.
A structure or structures as defined in 30-A M.R.S.A. § 4358,
Subsection 1A(2), which are transportable in one or more sections,
which are not constructed on a permanent chassis and which are designed
to be used as dwellings on foundations when connected to required
utilities. A modular home is a type of "manufactured housing" as defined
herein and in 30-A M.R.S.A. § 4358, Subsection 1A.
See "hotel."
See "dwelling," Subsection C.
A nonprofit institution operated principally for the purpose
of preserving and exhibiting objects of historical, cultural, scientific
or artistic interest and which may also engage in incidental retail
sales of items related to its principal purpose.
Indigenous to the local forests.
The area of a lot or site available for development determined
by the Code Enforcement Officer by subtracting from the gross acreage
of a lot the following:
Fifteen percent for roads and parking.
Land which is cut off from the main parcel by a road, existing
land uses, or where no means of access has been provided so that it
is isolated and unavailable for building purposes or for common use.
Land shown to be in the floodway or coastal high hazard area
on a flood boundary and floodway map or flood insurance rate map prepared
by the U.S. Department of Housing and Urban Development or its successor
agency.
Other areas which are unsuitable for development in their natural
state because of topography, drainage or subsoil condition. Specific
conditions include but are not limited to:
Land in rights-of-way or drainage or stormwater management easements
other than utility easements serving the premises except tree maintenance
easements granted to the Town.
Land in the Resource Protection Zone.
Wetland that has been filled.
The number of dwelling units per area of net residential
area.
Nonconforming lot, structure or use which is allowed solely
because it was in lawful existence at the time this chapter or subsequent
amendment took effect.
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.
A structure which does not meet any one or more of the following
dimensional requirements: setback, height, or lot coverage, but which
is allowed solely because it was in lawful existence at the time this
chapter or subsequent amendments took effect.
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, 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.
The upland edge of the coastal wetland, as defined by this
chapter.
A facility licensed by the Maine Department of Health and
Human Services that provides skilled nursing care and medical services
for convalescent or other patients who are not in need of hospital
care but do require licensed nursing supervision and related medical
services provided under the general direction of persons licensed
to practice medicine in the State of Maine.
That area with a one-percent chance of flooding in any given
year, as depicted as the special flood hazard area on the most recent
Flood Insurance Rate Map for the Town of Kennebunkport, prepared by
the Federal Emergency Management Agency.
The portion of a lot or site which is maintained in its natural
state or planted with grass, shrubs, trees or other vegetation and
which is not occupied by buildings, structures or other impervious
surfaces.
An area of 10 feet by 20 feet, exclusive of drives or aisles,
for the parking of a vehicle.
A business which offers parking facilities to the general
public for a fee, when the parking facilities are the principal use
on the lot.
Parking of vehicles for the general public for no more than
24 days per year per site, located on land owned, operated or controlled
by the Town of Kennebunkport, as authorized by the Board of Selectmen.
A floored structure without any walls or roof that does not
extend more than three inches above the original ground level. A patio
shall be considered to be a structure and shall be subject to setback
requirements.
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
joint or common interest, or other legal entity.
A rigid platform, accessory to a structure or structures
devoted to residential uses, extending from a shore over water and
supported by piles or pillars, and used to secure, protect, and provide
access to boats or other water-based activity. In order to access
craft on tidal waters, the pier is usually connected to a float by
a ramp.
See "body of water."
A structure that is attached to a building that consists
of a floor and a wall or walls and which also contains framing that
supports a roof, all of which (the total structure) is built to resist
wind, rain and snow load and which structure may be open or enclosed
by screening. A fabric-covered structure is not considered to be a
porch under this definition.
A portable, enclosed, self-contained unit, with or without
other utilities, whose purpose is the collection of human waste into
self-contained tanks. Portable toilets consist of four exterior walls,
a roof, self-closing doors and may have more than one bathroom unit
under one common roof.
The building in which the primary use of the lot is conducted.
The primary use to which the premises are devoted or for
which the premises are arranged, designed or intended to be used.
The place of business of doctors, lawyers, accountants, financial
advisors, architects, surveyors, real estate and insurance agents,
psychiatrists, psychologists, counselors, and the like, or in which
a business conducts its administrative, financial or clerical operations
and also including providers of personal services such as barbers,
hairdressers and beauticians.
Any facility not otherwise defined by this chapter, 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.
A public rest room facility and/or a facility offering information
to the general public about the amenities, services and businesses
in the Town of Kennebunkport or by a nonprofit public service organization
such as a Chamber of Commerce.
A public rest room facility consisting of portable toilet(s),
operated by the Town of Kennebunkport on property owned or operated
by the Town or in a Town right-of-way, placed for less than six months
per calendar year on a vacant lot or on a lot occupied by a preexisting
use/structure, and screened from view by landscaping and/or fencing,
forming a visual barrier not less than five feet in height along all
public streets and exterior lot lines, except that the entrance(s)
and appurtenances thereto of said facility may be kept open and unscreened
to permit foot traffic to and from said facility.
Any person, municipal department or other entity authorized
to furnish water, gas, electricity, waste disposal services, communication
facilities or transportation to the public.
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
|
A place designed and equipped for the conduct of sports,
leisure-time activities, and other customary and usual recreational
activities, excluding boat-launching facilities.
A vehicle or vehicular attachment 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, or converted van or truck.
In order to be considered as a recreational vehicle, the unit must
remain with its tires on the ground, and must be registered with the
State Bureau of Motor Vehicles. Recreational vehicles are not residential
dwelling units or structures.
[Amended 11-3-2020]
A system intended to replace:
A primary use to which a principal building may be devoted
which blends and combines a residential use with a commercial use.
For purposes of minimum lot size calculations, outside of the Shoreland
Zone, a residential mixed use as defined shall be considered a single
use.
[Amended 6-8-2021]
The permitted accessory use of no more than two bedrooms
in a legally existing dwelling or dwelling unit. This dwelling unit
shall be an owner-occupied dwelling. Rooms rented may be for either
short term or long term rental to a roomer who may be unrelated to
the owner or occupant of the unit. Individual rooms shall be rented
no more than once per week. For purposes of this definition, a week
shall be defined as Monday through Sunday.
The average of the basal area of trees remaining on a harvested
site.
A stand of trees remaining in the forest following timber
harvesting and related activities.
An overlay zone which intentionally covers one or more of the zones described in Article 3, as further defined in § 240-3.3M.
An establishment where food and drink are prepared and served
to the public and where no food or beverages are served directly to
occupants of motor vehicles.
A business establishment engaged in the sale of goods or
services to an ultimate consumer for direct use or consumption and
not for resale, not including automobile-oriented businesses, electronic,
mechanical or video game arcades, or other retail businesses expressly
defined elsewhere in this article.
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.
See "body of water."
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.
A person residing in and paying rent for a room in a residential
rental accommodation, whether or not the person eats meals on the
premises. See "residential rental accommodation."
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.
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 (Spartine patens) and black rush; common three-square
occurs in fresher areas.
An institution for education or instruction including a college,
university, and public or private school conducting classes pursuant
to a program approved by the State Board of Education or similar governmental
agency, but not including commercially operated schools such as schools
of beauty, culture, business, dancing, driving, music or recreation
which shall be deemed retail businesses.
Occupancy or use for 180 continuous days or less, but generally
between April 15 and October 15 of each year.
Any utility line extension which does not cross or run beneath
any portion of a water body, provided that:
The horizontal distance from a lot line or right-of-way containing
the street or private road providing vehicular access to the lot or
capable of providing vehicular access to the lot to the nearest part
of a structure.
The horizontal distance from the normal high-water line of
a water body or tributary stream, or upland edge of a wetland, or
the upland edge of the coastal wetland as defined by this chapter,
to the nearest part of a structure, road, parking space or other regulated
object or area.
A retail store located within a marina selling supplies and
equipment for boats.
The length of a lot bordering on streams, ponds, rivers,
tidal waters, or coastal or freshwater wetlands, measured in a straight
line between the points of intersection of the lot lines with the
shoreline.
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. For purposes of this chapter, the entire Dock Square and Riverfront Zones as depicted on the Official Zoning Map shall also be considered as Shoreland General Development Districts (see § 240-3.1).
The normal high-water line or upland edge of a freshwater
or coastal wetland.
An object, device or display, or part thereof, situated outdoors
or indoors, which is directed at persons outside the premises, used
to advertise, identify, display, direct or attract attention to an
object, person, institution, organization, business, product, service,
event or location by any means, including words, letters, figures,
design, symbols, fixtures, colors, illumination or projected images.
A route repeatedly used by forwarding machinery or animals
to haul or drag forest products from the stump to the yard or landing,
the construction of which requires minimal excavation.
The residue, e.g., treetops and branches, left on the ground
after a timber harvest.
An antenna, radio, power source and meter, disconnect switch,
fiber optic cable, and supporting equipment, if any, installed on
a utility pole owned by a regulated public utility and installed within
the public right-of-way.
That portion of a building contained between any floor and
the floor or roof next above it, but not including any portion so
contained if more than 1/2 of such portion vertically is below the
average mean finished grade of the ground adjoining such building.
See "body of water."
An existing state, county, or Town way or a street dedicated
for public use and shown upon a subdivision plan duly approved by
the Planning Board and recorded in the York County Registry of Deeds
or a street dedicated for public use and shown on a plan duly recorded
in the York County Registry of Deeds prior to the establishment of
the Planning Board. The term "street" shall not include ways which
have been discontinued or abandoned.
An area that lies between the street curb and the facade
of the adjacent building.
Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind together with anything constructed or erected with a fixed location above, below or upon the surface of the ground or water. Not all structures are subject to setback requirements. See § 240-6.1 for exemptions.
Completion of 30% of a permitted structure or use measured
as a percentage of estimated total cost.
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.
A measurable land area with steep topography, where a change
in elevation of 20% or 20 feet of vertical change per 100 feet of
horizontal change, is substantially maintained or exceeded throughout.
See "parking, temporary overflow public."
A portable shelter made of fabric or other like materials
which is supported by one or more poles and stretched tight by cords
or loops attached to pegs driven into the ground, except that a backyard
tent used for sleeping is not considered a structure under this chapter.
See "patio."
A fully enclosed building used for display or presentation
to the public of films, plays or other kinds of performance.
See "body of water."
The cutting and removal of timber for the primary purpose of selling or processing forest products. 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 § 240-5.4.
Timber harvesting, the construction and maintenance of roads
used primarily for timber harvesting and other activities conducted
to facilitate timber harvesting.
A vehicle without motive power and not intended for human
occupancy, designed to be towed by a motor vehicle including a utility
trailer, boat trailer, horse trailer, or snowmobile trailer.
See "body of water."
The boundary between upland and wetland. For purposes of
a coastal wetland, this boundary is the contour line, established
as seven feet above mean sea level, utilizing the National Geodetic
Vertical Datum (NGVD) of 1929. 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.
The purpose for which land or a building or structure is
arranged, designed or intended, or for which it is occupied.
A relaxation of the terms of this chapter which impose restrictions of height, lot coverage, lot size, or setback as permitted by § 240-9.2 of this chapter.
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.
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, as shown on the most recent FEMA Flood Insurance
Rate Map.
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.
A structure or building used primarily for the storage of
articles, goods or materials.
See "body of water."
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, water lines, sewer lines,
and cables as well as maintenance work on these crossings. This definition
includes crossings for timber-harvesting equipment and related activities.
Any of the various types of wetlands defined by this chapter.
See "coastal wetland."
See "forested wetland."
See "freshwater wetland."
Areas enclosed by the normal high water of any inland body
of water; areas which are identified as having very poorly drained
soils by the Soil Survey of York County, Maine, issued June, 1982,
by the U.S.D.A. Soil Conservation Service; and areas defined as freshwater
wetlands by 38 M.R.S.A. § 480-B to be shown on Inland Wetland
Maps prepared by the Maine Department of Environmental Protection.
[Amended 11-3-2020]
Wetlands contiguous with or adjacent a great pond or river,
and which, during normal high water, are connected by surface water
to the great pond or river. Also included are wetlands which are separated
from the great pond or river by a berm, causeway or similar feature
less than 100 feet in width, and which have a surface elevation at
or below the normal high-water mark of the great pond or river. Wetlands
associated with great ponds or rivers are considered to be part of
that great pond or river.
A business establishment engaged in the bulk sale of goods
or materials not manufactured or processed on the premises.
The ability of a forest stand to withstand storm winds and
resist windthrow, wind rocking, and major breakage.
A facility that transmits, receives, distributes, provides
or offers telecommunications services, radio or television signals,
or any other spectrum-based transmissions/receptions, together with
the facility's associated antennas, microwave dishes, horns, cables,
wires, conduits, ducts, lightning rods, electronics and other types
of equipment for the transmission, receipt, distribution or offering
of such signals; wireless communication towers, antenna support structures,
and other structures supporting said equipment and any attachments
to those structures including guy wires and anchors, equipment buildings,
generators, parking areas, utility services, driveways and roads and
other accessory features.
A wireless telecommunications facility that is installed
on an alternative tower structure instead of a new tower structure.
Live trees or woody, nonherbaceous shrubs.
Affordable housing for households with earned income that
is insufficient to secure quality condition housing in reasonable
proximity to the work place.
The area of a lot within which a structure is permitted to
be built, and which is defined by subtracting out those portions of
the subject lot that fall within the required setbacks from the front,
side, and rear property lines, and from the normal high-water mark
of any water body or coastal wetland, as defined in this article.
