A.
No structures shall be erected or used, and no lot shall be used
or divided, unless in conformity with the provisions of this chapter.
All structures and lots, and uses of structures and lots, which fail
to conform with the provisions of this chapter are prohibited, except
as provided herein.
B.
All structures, as defined in this chapter, shall be required to
meet dimensional setback requirements unless exempted as set forth
below: (Setbacks and/or restrictions may differ in the Shoreland and
Resource Protection Zones.)
(1)
The following structures shall be exempt from meeting the front,
side and rear property line setbacks except where prohibited in the
Shoreland and Resource Protection Zones:
(a)
Any combination of materials covering less than 10 square feet
constructed or erected above, below or upon the surface of the ground
or water such as mailboxes, light poles and the like;
(b)
Walls or fences;
(d)
A retractable awning or shade used solely to screen a door or
window;
(e)
Backyard tent used for sleeping;
(f)
An enclosed, self-contained portable toilet, such as a "Portapotty"
by Portables, Inc. and the like placed on a site for less than six
months per calendar year or as long as necessary for approved construction.
(2)
The following structures shall be exempt from meeting setback
requirements from any wetlands or from the normal high-water mark
of water bodies in all zones including the Shoreland and Resource
Protection Zones. Any structures other than those listed below shall
be required to meet any required setbacks from bodies of water or
wetlands.
(a)
A temporary ramp, placed on a site for less than six months
per calendar year, and used for the purpose of providing public access
to publicly owned property in accordance with the Americans with Disabilities
Act.
C.
When a lot is situated in part in the Town of Kennebunkport and in
part in an adjacent municipality, the provisions of this chapter shall
be applied to that portion of such lot as lies in the Town of Kennebunkport
in the same manner as if the entire lot were situated in Kennebunkport.
D.
When a lot is divided by a zone boundary, the requirements and standards
of this chapter shall apply as follows:
(1)
When the lot area is equal to or less than 20,000 square feet,
the provisions of the more restrictive zone shall apply to the lot
as a whole.
(2)
When the lot area is more than 20,000 square feet, the provisions
of this chapter which apply to the larger portion of the lot may be
applied to that part of the smaller portion of the lot which is within
30 feet of the zone boundary.
E.
No part of any lot which is below the normal high-water mark of any
body of water, no part of any lot which is part of a right-of-way,
other than utility easements servicing the lot or tree maintenance
easements granted to the Town, and also excluding lands which are
below the normal high-water mark of any body of water or wetlands,
as defined by this chapter, regardless of size, shall be used for
the purpose of computing lot area or any size, setback, frontage,
or density requirement of this chapter.
F.
Land within the lines of a right-of-way or street on which a lot
abuts shall not be counted as part of such lot for the purpose of
meeting the area requirements of this chapter even though the fee
to such land may be in the owner of such lot.
G.
No new lot may be created with less than the minimum lot area, as
defined in this chapter, that is required for the zone in which it
is located. No part of any lot that is excluded from the gross lot
area shall be used for the purpose of computing lot area or any size,
setback, frontage or density requirement of this chapter. This section
is not intended to circumvent the operation of laws relating to preexisting
nonconformities or other laws affecting the use and/or development
of lots that do not meet the current minimum lot size requirements
in this chapter.
H.
If a lot in separate ownership is reduced in area or dimension below
the minimum lot size or lot width requirements of this chapter as
a result of the taking of a portion of the lot by eminent domain,
or a result of a conveyance of a portion of the lot for a purpose
for which the land could have been taken by eminent domain, such transfer
shall not be deemed to violate the minimum lot size or minimum lot
width requirements of this chapter; and the portion of the lot remaining
after the transfer may be used for any use permitted in the applicable
zone, provided that applicable setback, lot coverage and building
dimensional requirements are met. An existing structure located on
the remaining portion of such a lot may be expanded or enlarged, provided
that the expansion or enlargement complies with applicable setback
and dimensional requirements and does not result in a violation of
lot coverage requirements.
In the Village Residential, Village Residential East, Cape Arundel,
Free Enterprise and Farm and Forest Zones, no structure or building
shall exceed 2 1/2 stories or 35 feet in building height as measured
from the average elevation of the original ground level on all sides
within 20 feet of the building, not including such building features
as chimneys, decorative cupolas, spires or similar non-inhabitable
appurtenances. In the Dock Square, Riverfront, Goose Rocks, Cape Porpoise
East, Cape Porpoise Square and Cape Porpoise West Zones, no structure
or building shall exceed 2 1/2 stories or 30 feet in building
height as measured from the average elevation of the original ground
level on all sides within 20 feet of the building, not including such
building features as chimneys, decorative cupolas, spires or similar
non-inhabitable appurtenances. These restrictions shall not apply
to farm buildings not used for human habitation, municipal salt or
sand sheds, church steeples, water towers, flagpoles, windmills, or
antennas, provided that such structures are not used for human occupancy
and are set back from all property lines a distance at least equal
to their height.
In all districts, the approval of building permit applications
shall be subject to evidence of satisfactory subsurface soil conditions
for drainage and sewage disposal, and where on-site septic disposal
is proposed, shall be subject to presentation of a completed site
evaluation form (HHE-200) which evidences adequate soil conditions
for sewage disposal prior to issuance of a building permit. As of
June 13, 2006, any lot that has not received prior Planning Board
review and approval must be served by a septic system located entirely
within its boundaries.
No activity shall locate, store, discharge, or permit the discharge
of any treated, untreated or inadequately treated liquid, gaseous,
or solid materials of such nature, quality, obnoxiousness, toxicity,
or temperature that run off, seep, percolate, or wash into surface
or groundwaters so as to contaminate, pollute, or harm such waters
or cause nuisances, such as objectionable shore deposits, floating
or submerged debris, oil or scum, color, odor, taste, or unsightliness,
or be harmful to human, animal, plant or aquatic life.
A.
Emission
of dust, dirt, fly ash, fumes, vapors or gases, which could damage
human health, animals, vegetation, or property, or which could soil
or stain persons or property, at any point beyond the lot line of
a commercial or industrial establishment creating such emission, shall
be prohibited.
B.
No land
use or building shall produce offensive or harmful odors perceptible
beyond the lot lines so as to create a public or private nuisance.
All flammable or explosive liquids, solids or gases shall be
stored in a manner and location which is in compliance with the rules
and regulations of the Maine Department of Public Safety and other
federal and state regulations.
In areas designated within the one-hundred-year floodplain, all new construction, additions, and modifications to existing structures, including piers, docks, wharves, bridges and causeways, shall conform to Chapter 219, Floodplain Management.
A.
No merchandise, banners, displays or similar objects shall be permitted on or about the outside of structures except signs permitted by § 240-6.12 of this chapter and yard sales on residential property for no more than three days in any ninety-day period.
B.
Upon application by an association representing merchants in any
particular district, the Code Enforcement Officer may permit the outside
display of merchandise for no longer than three consecutive days in
any ninety-day period for special promotional events involving more
than three merchants.
Except in the Dock Square Zone, the following standards shall
apply to all new uses or establishments, and also to all existing
uses or establishments which expand or increase their volume or intensity
of use, whether such expansion occurs inside or outside of a building.
All new or enlarged off-street parking, loading or vehicular service
facilities, including driveways, shall also conform to this section.
A.
Required off-street parking for all land uses shall be located on
the same lot as the principal building or facility or within 100 feet
measured along lines of access.
B.
The Planning Board may approve the joint use of a parking facility
by two or more principal buildings or uses where it is clearly demonstrated
that said parking facility would substantially meet the intent of
the requirements of this chapter by reason of variation in the probable
time of maximum use by patrons or employees of such establishments
and where said parking facility is located within 100 feet of each
establishment.
C.
Parking spaces shall be provided as required and made available for use before the issuance of any certificate of occupancy under § 240-11.8.
[Amended 11-3-2020]
D.
All parking areas shall be located off the street so that vehicles
can be turned around without backing into the street.
E.
Loading facilities shall be located so that trucks, trailers, and
containers shall not be parked upon any Town way. The following loading
requirements shall be met:
(1)
Office buildings, hotels and motels with a gross floor area
of more than 100,000 square feet require one bay.
(2)
Retail, wholesale, warehouse and manufacturing operations with
a gross floor area of more than 5,000 square feet require the following:
|
5,001 to 40,000 square feet
|
1 bay
|
|
40,001 to 100,000 square feet
|
2 bays
|
|
100,001 to 160,001 square feet
|
3 bays
|
|
160,001 to 240,000 square feet
|
4 bays
|
|
240,001 to 320,000 square feet
|
5 bays
|
|
320,001 to 400,000 square feet
|
6 bays
|
(3)
Each 90,000 square feet over 400,000 square feet requires one
additional bay.
F.
Off-street parking, either by means of open air spaces or by garage
space, in addition to being a permitted use, shall be considered as
an accessory use when required or provided to serve conforming uses
located in any district.
G.
The following minimum off-street parking requirements shall be provided
and maintained:
[Amended 11-3-2020]
|
Use
|
Minimum Required Parking
|
|---|---|
|
Boatyards
|
1 space per employee
|
|
Campgrounds
|
1 space per campsite
|
|
Child-care centers
|
1 space per 4 children
|
|
Churches, theaters, auditoriums and clubs
|
1 space per 3 seats or for every 100 square feet of assemblage
space if no fixed seats
|
|
Commercial centers, commercial complexes, retail businesses
and ship chandleries
|
1 space per 200 square feet of floor area used for retail area
or used for retail trade or display
|
|
Financial institutions
|
1 space per 150 square feet of floor area
|
|
Funeral homes
|
1 space per 2 seats
|
|
Health institutions
|
1 space per 3 beds
|
|
Hotels, motels and inns
|
1 space per sleeping room
|
|
Libraries, municipal buildings, museums and public utilities
|
1 space per 600 square feet of floor area
|
|
Manufacturing
|
1 space per employee based on the largest number of employees
at any time
|
|
Marinas
|
1 space per slip
|
|
Marine transport services
|
1 space per 2 passengers of capacity
|
|
Medical offices
|
1 space per 100 square feet of floor area
|
|
Professional and business offices (other than medical)
|
1 space per 200 square feet of floor area
|
|
Public libraries in the Village Residential Zone
|
1 space per 800 square feet of floor area without any requirement
for employee parking
|
|
Residential mixed use
|
Parking for the nonresidential component based on the requirements
listed in this section
|
|
Restaurants and eating and drinking establishments
|
1 space per 3 seats
|
|
Schools
|
5 spaces per room used for purpose of instruction
|
|
Warehouses and wholesaling operations
|
1 space per employee based on the largest number of employees
at any time
|
H.
One space for every two employees on the largest shift shall be provided
in addition to the above requirements, unless these requirements reference
the number of employees.
I.
For any structure or use not specifically provided for in Subsection G above, the Planning Board shall determine the number of off-street parking spaces required in order that the necessity of parking in the street may be eliminated.
J.
Where floor area is to be used in calculating the number of required
spaces, gross floor area shall be used unless otherwise noted.
K.
Where not enclosed in a building and unless otherwise permitted by the Kennebunkport Planning Board in the course of site plan review of libraries in the Village Residential Zone, off-street parking and loading spaces shall be screened from view by a continuous landscaped area not less than six feet in width, forming a visual barrier not less than five feet in height along all public streets and exterior lot lines adjacent to residential uses, except that driveways shall be kept open as required in § 240-10.7B(1)(d).
L.
All applications for building permits for nonresidential uses shall
include an off-street parking and loading plan showing all elements
necessary to indicate that the requirements above are fulfilled.
M.
Unless otherwise permitted by the Kennebunkport Planning Board in
the course of site plan review of libraries in the Village Residential
Zone, parking spaces shall have a minimum width of 10 feet and a minimum
length of 20 feet when angular parking is permitted, the minimum width
being measured along an imaginary line perpendicular to the lines
marking the length of the space, and minimum length then being measured
from that imaginary line parallel to the lines marking the spaces.
In addition, parking area access lanes shall be a minimum of 12 feet
wide for one-way driving lanes and a minimum of 20 feet wide for two-way
driving lanes. Access lane widths are to be calculated from the end
of the stripes in one bank of spaces to the end of stripes in the
bank of spaces directly across the access lane. Spaces designated
for use by the handicapped must be no less than the 12 feet wide and
no less than 20 feet long.
N.
Any parking accessory to a community use, where the principal community use was in existence on November 4, 2003, shall be exempted from the requirements of Subsection D (no backing into the street) and from the requirements of Subsection K (screening), but shall not be exempted from the other requirements in this section or from the site plan review requirements of Article 10, where applicable. Such accessory parking to a community use may be offered to the general public during hours when the community use is not in full operation, with the prior authorization of the Board of Selectmen. If so authorized, such parking for the general public during hours when the community use is not in full operation shall not be considered a separate use, notwithstanding the requirements of Article 4.
[Amended 11-3-2020]
O.
Any temporary overflow public parking, as defined by this chapter,
shall be exempted from the requirements of this section. Such temporary
overflow public parking may be offered to the general public only
with the prior authorization of the Board of Selectmen, for a maximum
of 24 days per year per site, on property owned, operated or controlled
by the Town of Kennebunkport. If so authorized, such temporary overflow
public parking shall not be considered a separate principal use, notwithstanding
the requirements of Article 4.
[Amended 11-3-2020]
P.
Parking spaces must be composed of sufficient impervious or semipervious
material (e.g., asphalt, concrete, composites, gravel) to support
a vehicle in all conditions. Semipervious materials such as "grass
pavers" or similar materials can be used.
A.
Each single-family dwelling shall be provided with two off-street
parking spaces. Accessory apartments are not required to have additional
off-street parking.
[Amended 6-13-2023]
C.
Off-street parking shall be provided for elder-care facilities in
accordance with the following schedule:
(1)
One space for each employee on the shift with the greatest number
of employees; plus
(2)
One space for each independent living unit in which the occupant
receives no supportive services; plus
(3)
One space for every two congregate living or similar units in
which the occupant receives only a basic level of supportive services;
plus
(4)
One space for every three assisted-living or similar units or
beds in a nursing home in which the occupant receives a high level
of supportive services.
D.
Parking spaces must be composed of sufficient impervious or semipervious
material (e.g., asphalt, concrete, composites, gravel) to support
a vehicle in all conditions. Semipervious materials such as "grass
pavers" or similar materials can be used.
F.
Parking for a residential rental accommodation shall include one
additional off-street parking space per room rented, in addition to
the minimum parking spaces required for the dwelling unit.
A.
Connection to public facilities. All plumbing shall be connected
to public collection and treatment facilities when required by other
ordinances.
B.
Subsurface sewage disposal. No plumbing permit shall be issued for
a subsurface disposal system unless:
(1)
The system meets the requirements of the State of Maine Subsurface
Wastewater Disposal Rules, 10-144 CMR Chapter 241; a second disposal
site that meets the state rules is not required unless mandated by
other law. Any such site shall be shown on the permit application
as a reserve area and be set aside on the plot plan for possible future
use as a disposal site; and
(2)
Any other optional provisions adopted by the Town have been
complied with.
[Amended 6-14-2022]
A.
General. Permanent and temporary signage within the Town of Kennebunkport shall be subject to the standards set forth in this section. Signage within the Town of Kennebunkport shall also be subject to the permitting requirements set forth in § 240-11.2G.
B.
Official business directional and off-premises signs. Official business
directional signs as defined in 23 M.R.S.A. § 1903, off-premises
directional signs, and signs advertising commercial uses that are
located on premises other than the premises upon which the sign is
located shall not be permitted. Official business directional signs,
and off-premises directional signs not larger than six inches in width
and 24 inches in length are permitted on posts provided for that purpose
by the Town without the necessity of a permit. Such directional signs
shall be placed on the Town posts on a space-available basis.
C.
Performance standards for permanent signs.
(1)
No sign shall be erected adjacent to any public way in such
a manner as to obstruct clear and free vision or where, by reason
of its position, shape, color, illumination or working, the sign or
billboard may interfere with, obstruct the view of, or be confused
with any authorized sign, signal or device, or otherwise constitute
a hazard to pedestrian or vehicular traffic.
(2)
Roof-mounted signs are prohibited.
(3)
No sign or portion of a sign structure shall exceed 20 feet
in height measured from the adjacent road surface.
(4)
Illuminated signs shall be permitted, subject to the following
restrictions and prohibitions:
(5)
In all zones:
(a)
Signs erected on nonresidential properties shall conform to the requirements set forth in Subsection H, Table A. The allowable number and dimensions of signage on a nonresidential property shall be calculated based upon the gross square footage of floor space that is owned or leased by the sign permit applicant within the structure(s) located on the nonresidential property for which a sign permit is sought.
(6)
All signs overhanging a sidewalk or public way shall be no less
than 10 feet from the surface of the pavement.
(7)
No signs shall be posted on trees which are under the jurisdiction
of the Tree Warden of the Town.
(8)
The area of a sign shall be calculated by measuring the area
of the smallest rectangle capable of enclosing the sign in every plane.
If a three-dimensional sign has a depth of more than one foot, the
area of the sign shall be calculated by measuring the total surface
area of the smallest box capable of enclosing the entire sign.
(9)
Window lettering displaying information such as business name, hours of operation, website, etc., is permitted to occupy up to 35% of the glazed area per window. Lettering governed by this subsection shall not be considered signage for purposes of calculating the area of allowable square footage or number of signs. (See Subsection H.)
(10)
Signs erected or installed in the interior of a structure which
form an integral part of a bona fide window display which is related
to merchandise or services available within the structure shall not
be considered signs for purposes related to this section.
D.
Number and location of signs.
(1)
Except as expressly prohibited under this chapter, in all zones,
sign(s) may be attached or affixed to buildings. Freestanding signs
shall be limited based on the specifications set forth in this chapter.
(2)
No freestanding sign shall be located within five feet of the
lot line adjacent to the street. However, a setback of less than five
feet is permitted upon prior written approval by the Chief of Police
after a determination that the sign does not create any sight distance
or safety issues.
E.
Home occupations signs. One sign identifying the name, address and
profession of a permitted home occupation or a lawfully existing nonconforming
home occupation shall be allowed, provided such sign does not exceed
two square feet in area and is not illuminated.
F.
Temporary signs.
(1)
Temporary signs placed within public right-of-way. Temporary
signs placed within the public right-of-way shall conform to the provisions
of 23 M.R.S. § 1913-A.
(2)
Temporary signs placed outside the public right-of-way. Temporary
signs placed outside of the public right-of-way shall not exceed six
square feet in area, and may be posted in any zone without a permit
from the Code Enforcement Officer for no longer than 90 days. Temporary
signs specified in this section shall not be attached to fences, trees,
utility poles, or the like and shall not be placed in a position that
will obstruct or impair vision or traffic or in any manner create
a hazard or disturbance to the health and welfare of the general public.
(3)
Street banners may exceed six square feet but be no larger than
50 square feet.
(4)
Temporary signs do not require a permit but must conform to
all provisions of this chapter.
G.
The above regulations shall not apply to the following:
(1)
Flags and insignia of any government, flags placed within brackets
mounted to permanent residential and nonresidential structures, and
freestanding flags that are not affixed to any structure.
(2)
Traffic control signs, signs designating route numbers or other
informational signs erected or required by governmental bodies.
(3)
Integral decorative or architectural features of buildings except
letters, trademarks, moving parts, or moving or flashing lights.
(4)
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter.
(5)
Signs posting property as private, and/or no trespass signs.
H.
Sign dimensions and number for permanent signs located on nonresidential
and residential properties.
|
Table A: Signage for Commercial Properties
| ||||
|---|---|---|---|---|
|
Nonresidential Unit Size
(gross square footage)
| ||||
|
0 to 500
|
500 to 1,000
|
1,000 to 2,500
|
2,500+
| |
|
Window lettering (percentage of window covered)
|
35%
|
35%
|
35%
|
35%
|
|
Window display
|
Permitted
|
Permitted
|
Permitted
|
Permitted
|
|
Menu (square footage), restaurant/takeout only
|
15
|
15
|
20
|
20
|
|
Total square footage of signage (excluding window lettering,
window displays and menus) for all zones
|
50
|
70
|
90
|
100
|
|
Maximum gross area per sign in all zones (square feet)
|
20
|
20
|
30
|
40
|
|
Number of attached signs
|
2
|
3
|
3
|
4
|
|
Number of freestanding signs
|
1
|
1
|
2
|
2
|
|
Temporary sale, special events, daily menu (10 square feet)
|
1
|
1
|
2
|
2
|
|
Table B: Signage for Residential Properties
| |
|---|---|
|
Residential Property Signage
(One permanent sign per residential property)
| |
|
Total square footage of signage for all zones
|
20
|
|
Total number of attached and freestanding signs for all zones
|
1
|
I.
Nonconforming signs. Any permanent sign in place prior to June 14, 2022, and not in conformance with this section may remain in place. Nonconforming permanent signs may be replaced after approval and issuance of a permit from the Code Enforcement Officer pursuant to § 240-11.2G. If a nonconforming permanent sign is removed, and is not replaced, for a period of six months, then the Code Enforcement Officer may only approve, and issue a permit for, a new permanent sign that conforms to the provisions of this section.
Where soil in excess of 20,000 square feet is tilled, such tillage
shall be carried out in conformance with the provisions of a Conservation
Plan which meets the standards of the State Department of Agriculture,
Conservation and Forestry and is approved by the York County Soil
and Water Conservation District. The number of the plan shall be filed
with the Planning Board. Nonconformance with the provisions of such
Conservation Plan shall be considered to be a violation of this chapter.
A.
On lots greater than five acres in area, the construction of a road,
or grading or filling of the land may not commence prior to site plan
review under Article 10, unless the planned land use is to serve no
more than two residential units, or a use accessory to an existing
single-family home. On lots of five acres or less, and on any lot
when the planned use is to serve no more than two residential units,
or a use accessory to an existing single-family home, such construction,
grading or filling requires a permit from the Code Enforcement Officer.
B.
A driveway/private road over 50 feet long for a single-family or
two-family dwelling that the Code Enforcement Officer may permit,
shall not be less than 12 feet wide, with a minimum five-foot setback
from the lot line.
C.
A driveway/private road for a three-unit multiplex, or for three
detached dwellings, must be approved by the Planning Board, and the
right-of-way shall not be less than two rods (which is 33 feet) in
width. The traveled way shall not be less than 16 feet in width of
gravel, of hard, durable particles free from vegetative matter, 16
inches thick after compaction. Drainage swales must have slopes no
steeper than 3:1. The center line of the roadway shall not be more
than three feet off the center line of the right-of-way.
D.
A driveway/private road for four or more detached dwellings must be approved by the Planning Board, and the right-of-way shall not be less than 50 feet in width. The traveled way shall not be less than 20 feet in width of gravel, of hard, durable particles free from vegetative matter, 16 inches thick after compaction. Drainage swales must have slopes no steeper than 3:1. The center line of the roadway shall not be more than three feet off the center line of the right-of-way. See the table and exhibits in Subsection F for dimensions and hammerhead/cul-de-sac design standards.
[Amended 6-13-2023]
E.
The Planning Board may reduce or modify the driveway/private road
standards where strict adherence to the limitations cannot be met
when considering a preexisting right-of-way, or cannot be met due
to environmental concerns. In addition, during the course of its review
the Planning Board may consult with the Code Enforcement Officer and
the Fire Chief regarding emergency equipment access requirements for
new and expanded existing private roads. If such a modification(s)
is approved, the Planning Board shall include the modification(s)
in the site plan review's written findings of fact, and the applicant
shall record the findings of fact with the York County Registry of
Deeds before commencing any work or before receiving a building or
land use activity permit from the Code Enforcement Officer.
[Amended 6-13-2023]
F.
Dimensional
standards.
[Added 6-13-2023]
|
Table of Dimensional Standards
| |||
|---|---|---|---|
|
Residential Use
|
Minimum ROW
(feet)
|
Minimum Traveled Width
(feet)
|
Permitting Authority
|
|
Up to: 2 single-family dwellings or 1 two-family dwelling
|
22
|
12
|
CEO
|
|
3 detached dwellings, or 3-unit multiplex
|
33
|
16
|
PB
|
|
4 or more detached dwellings or residential dwelling units
|
50
|
20
|
PB
|
 |
 |
 |
A.
Permit requirement. Any person proposing an entry to a public way
shall fill out an application for a permit clearly describing such
entry, whether or not further development or use is a part of that
application. The grant or denial of a permit request for an entry
to a public way may be appealed to the Zoning Board of Appeals as
an administrative appeal.
B.
In considering an application including an entrance to a public way,
the Code Enforcement Officer, in cooperation with other agencies of
the Town, including fire, police and highway, shall apply the following
criteria:
(1)
When an entrance and exit driveway or curb cut serves a residential
use:
(a)
The width of said entrance or exit at its entrance to the public
way shall not be less than 10 feet nor more than 20 feet.
(b)
No such driveway, entrance or curb cut shall be located within
20 feet of any intersection of ways at its entry to a public way.
(c)
The Code Enforcement Officer shall consider traffic volume and
conditions, both vehicle and pedestrian, on the public way into which
entrance is sought.
(d)
The Code Enforcement Officer shall determine that there is no
obstruction to the view of any person using said proposed driveway
or curb cut.
(2)
When an entrance and exit driveway or curb cut serves a business,
commercial or industrial use:
(a)
The width of said entrance or exit at its entrance to the public
way shall be not less than 10 feet nor more than 26 feet, except for
direct access to parking for libraries in the Village Residential
Zone, approved by the Planning Board, in which event, said width shall
be as approved by the Planning Board.
(b)
Whenever possible, no such entrance or exit at its entrance
to the public way shall be located within 200 feet of any intersection,
similar entry or exit, or within a like distance as measured along
a public way from any playground, school, church, hospital, place
of public assembly, fire station or other municipal structure.
C.
Minimum sight distance required. After November 4, 2003, no property
owner may erect any structure, fence, wall, or sign or install any
landscaping features that would diminish any existing driveway's sight
distance below a minimum sight distance of at least 10 feet for every
mile per hour of posted speed limit on the street. Sight distance
shall be measured from the driver's seat of a vehicle that is located
10 feet behind the curb or edge of the shoulder line of the street,
with the height of the driver's eye 3.5 feet above the pavement, to
an object with a height of 4.25 feet, located within any travel lane
of the street. The minimum sight distance requirement shall apply,
regardless of whether said driveway is located on the property owner's
own property or on a different property.
A.
The maximum permissible sound pressure level of any continuous, repetitive
or frequent source of sound produced by any activity shall be established
for daily time periods as set forth below. Sound pressure levels shall
be measured at or beyond the lot lines of the lot on which the source
of the sound is located at a height of at least four feet above the
surface of the ground or water.
B.
Sound shall be measured with a sound level meter meeting the Type
1 or 2 performance requirements of the American National Standards
Institute (ANSI S1.4-1983), American National Standard Specifications
for Sound Level Meters. Sound levels shall be measured by the maximum
reading on a sound level meter set to the A- or C-weighted scale and
the slow response.
C.
No person shall engage in, cause or permit construction activities
on a site abutting any residential use between the hours of 10:00
p.m. one day and 7:00 a.m. of the following day in violation of the
sound pressure level limits established under this section.
D.
The following uses and activities shall be exempt from sound pressure
level regulation under this section:
(1)
Railroad equipment which is subject to federal noise regulations.
(2)
Aircraft operations which are subject to federal noise regulations.
(3)
Registered and inspected vehicles.
(4)
Watercraft.
(5)
Bells, chimes and carillons.
(6)
Occasional sporting, cultural, religious or public events allowed
by the Town.
(7)
The unamplified human voice and other sounds of natural origin.
(8)
Farming, fishing and aquacultural activity.
(9)
Forest management, harvesting and transportation activities.
(10)
Operation of lawn mowers, snow blowers, chain saws and garden
tractors.
(11)
Snow removal, landscape and street sweeping activities.
(12)
Emergency maintenance and repairs.
(13)
Warning signals and alarms.
(14)
Safety and protective devices installed in accordance with code
requirements.
(15)
Test operations of emergency equipment occurring in the daytime
and no more frequently than once per week.
(16)
Boiler startup, testing and maintenance operations occurring
no more frequently than once per month.
(17)
A force majeure event and other causes not reasonably within
the control of the owners or operators of the source of the sound.
(18)
Blasting in connection with construction projects between the
hours of 7:00 a.m. and 7:00 p.m.
(19)
Other noises created by construction activities between 7:00
a.m. and 10:00 p.m.
A.
No blasting shall be done as part of any excavation or mineral extraction
operation, nor as part of any approved construction activity, without
first obtaining a permit to blast from the Code Enforcement Officer
pursuant to this section.
B.
The application for a permit to blast shall include:
[Amended 11-3-2020]
(1)
A completed application form for a permit to blast;
(2)
A site plan showing where the blasting will take place;
(3)
A statement of the purposes and extent of the blasting, further
indicating the approximate dates and times the blasting will occur;
(4)
Identification by name, address, and telephone number of the
entity that will actually perform the blasting operation;
(5)
Proof that the entity applying for the permit to blast is properly
licensed by the State of Maine and in compliance with 25 M.R.S.A.
§ 2471 et seq. and State Fire Marshal Rules, Chapter 31,
and any other applicable state statutes and regulations;
(6)
Evidence that notice of the proposed blasting operation has
been sent by certified mail to all landowners abutting the subject
property of the application within 500 feet of the proposed blast
site. Said notice shall indicate the location of the proposed blasting;
approximate date and times that blasting will occur; and name, address,
and telephone number of the entity that will actually perform the
blasting operation; and
C.
The Code Enforcement Officer shall issue a permit to blast within
10 days of the receipt of a complete application form, fee, and all
supporting evidence as set forth above.
A.
The Town of Kennebunkport adopts and enforces the Maine Uniform Building
and Energy Code ("MUBEC"), as authorized by 10 M.R.S.A. § 9724,
Subsection 1-A. The Code Enforcement Officer of the Town of Kennebunkport
shall serve as the Building Official as defined in 25 M.R.S.A. § 2371
and shall be responsible for issuing building permits and certificates
of occupancy. The Code Enforcement Officer shall be responsible for
inspecting all permitted construction for compliance with all components
of MUBEC, as such components may be revised from time to time. Administration
and enforcement of MUBEC, including permits, fees, violations, penalties
and appeals, shall be in accordance with MUBEC along with Article
11 of this chapter.
B.
Any person who violates a provision of this code or fails to comply
with any of the requirements thereof, or who erects, constructs, alters
or repairs a building or structure in violation of the approved construction
documents or directive of the Building Official, or of a permit or
certificate issued under the provisions of the chapter, shall be subject
to penalties in accordance with 30-A M.R.S.A. § 4452. Each
day that a violation continues after due notice has been served shall
be deemed a separate offense.
C.
The fee for a building permit and certificate of occupancy hereunder shall be as specified in § 240-11.6.
D.
This section and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall be effective
June 12, 2012.
A.
Single-family dwellings. A single-family dwelling and any accessory
apartment located therein shall be constructed on one continuous foundation
and under one continuous roof; no part of the dwelling unit shall
be located in a detached building or structure. Detached accessory
apartment units shall be exempt from this requirement.
[Amended 6-13-2023]
B.
Two-family dwellings. Each unit in a two-family dwelling shall have
not less than 650 square feet. The two-family dwelling shall have
only one front entrance, and all other entrances shall be on the side
or in the rear of the dwelling. An entrance leading to a foyer with
entrances leading from the foyer to the two dwelling units is permitted.
One dwelling shall be subordinate in size. A home occupation shall
not be permitted in the subordinate unit. A two-family dwelling shall
be constructed on one continuous foundation and under one continuous
roof; no part of the dwelling units shall be located in a detached
building or structure.
