[Amended 11-3-2020; 6-13-2023; 6-11-2024]
An accessory apartment that complies with the following standards is exempt from the minimum lot area, minimum lot width, and minimum net residential area per dwelling unit requirements applicable to the zone in which the accessory apartment is constructed. An accessory apartment is not considered a two-family dwelling or a multiplex, and is not considered a dwelling unit for purposes of 1) applying the residential parking standards in § 240-6.10; 2) applying the road construction, filling and grading standards in § 240-6.14; 3) applying the growth management permit requirements in § 240-11.12;, 4) counting the number of dwelling units when applying the subdivision definition in 30-A M.R.S.A. § 4401, as amended; and 5) calculating the net residential area pursuant to § 415-11.17. An accessory apartment that does not comply with the following standards is considered a dwelling unit and must comply with all applicable standards for a dwelling unit. An accessory apartment may only be located on a lot containing one or more single-family dwellings.
A. 
A request for an accessory apartment requires submittal of a site plan that shall include the property owner with deed reference, lot boundaries and dimensions to scale and the location and setbacks of all buildings and parking areas.
B. 
A request for an accessory apartment shall include a plan of the entire building showing a separate floor layout of all finished levels identifying the use of all rooms and the location of all entrances/exits.
C. 
C. For an accessory apartment located within or attached to a single-family dwelling, the dwelling shall have only one front entrance and all other entrances shall be either on the side or in the rear of the dwelling or accessory apartment. An entrance leading to a foyer with interior entrances leading from the foyer to the accessory apartment and the single-family dwelling unit is permitted.
D. 
The living area of an accessory apartment shall be a minimum of 190 square feet, and a maximum of 800 square feet. An accessory apartment may not have any living space on a third story unless it meets the minimum life safety requirements as defined in the Building Code.
E. 
An accessory apartment is not permitted in the Shoreland Zone unless the lot on which it will be located has at least double the required minimum lot size and shore frontage.
F. 
No more than one accessory apartment shall be permitted on a lot containing one or more single-family dwelling.
G. 
An accessory apartment shall be occupied as a primary residence. ("Primary residence" shall be defined as more than six months per year.) An accessory apartment is not eligible to operate as a short-term rental.
H. 
An accessory apartment located on properties connected to the Town's wastewater collection system must be approved by the Sewer Department. Properties utilizing subsurface waste system and private wells must meet the standards required in the Maine Subsurface Wastewater Disposal Rules. In addition existing septic systems must be evaluated for condition and capacity by a licensed site evaluator. A reserve area is required for existing and new systems in the event that replacement is necessary. Biannual pump-outs of septic systems servicing the property are required and documentation must be provided to the Town upon request.
I. 
For an accessory apartment that is a separate structure or attached to a single-family dwelling, the proposal must comply with best management practices in managing stormwater for low-impact development, in accordance with the LID Guidance Manual for Maine Communities (Maine Department of Environmental Protection, Sep. 21, 2007).
J. 
An accessory apartment is an extension of a residential use and may not be independently conveyed except to the extent permitted by law.
K. 
Except as expressly provided in this section, an accessory apartment must comply with all other requirements of this Code, including but not limited to Article 6 and any shoreland zoning requirements.
A. 
All structures, including underground storage tanks, shall be no less than 50 feet from any property line.
B. 
Point of ingress and egress shall be located not less than 50 feet from the nearest intersecting street center lines, measured along the street center line.
C. 
All fuel storage tanks shall be located underground, and shall be constructed of fiberglass or corrosion protected steel.
Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:
A. 
Recreational vehicle and tenting areas shall meet the following criteria:
(1) 
The site of the campground shall contain a total area of at least 5,000 square feet per recreational vehicle, tent, or shelter, not including roads and driveways. Land supporting wetland vegetation, and land below the normal high-water mark of a body of water, shall not be included in calculating land area per site.
(2) 
Each recreational vehicle, tent, or shelter site shall be provided with a trash receptacle and fireplace.
(3) 
No recreational vehicle, trailer or tent shall be allowed to remain in a campground on a permanent basis.
B. 
The areas intended for placement of recreational vehicles, tents or shelters, and utility and service buildings, shall be set back a minimum of 75 feet from the normal high water line of bodies of water and tributary streams and the upland edge of a freshwater or coastal wetland; and a minimum of 100 feet from the other exterior lot lines of the campground.
[Amended 11-3-2020]
C. 
All campgrounds shall be screened from adjacent land areas by a continuous landscaped area not less than 25 feet in width containing evergreen shrubs, trees, fences, walls or any combination thereof which forms an effective visual barrier of not less than six feet in height.
A. 
Purpose. The purpose of Cluster Development shall be to encourage housing which will result in:
(1) 
Open space and recreation areas.
(2) 
A pattern of development which preserves trees, outstanding natural topography and geologic features and prevents soil erosion.
(3) 
An efficient use of land resulting in small networks of utilities and streets, and in lots which are contiguous.
B. 
Uses permitted. The use of the land in a cluster development shall not differ from the uses permitted in the zone in which the plan is located; and all cluster developments shall meet the requirements of Chapter 415, Subdivision Regulations. The minimum site size for a cluster development shall be 10 acres in the Farm and Forest Zone and five acres in all other zones.
C. 
Lot size. Notwithstanding other provisions of this chapter relating to minimum lot size, lot width and setback in single-family detached dwelling developments, the Planning Board, in reviewing proposed residential developments, may modify said provisions related to minimum lot size, lot width and setback, to permit innovative approaches to housing and environmental design, provided that minimum requirements for shore frontage and setback from the normal high-water mark shall not be reduced under this section. The Planning Board may reduce minimum lot sizes under this section only if a net residential area at least equal in area to the cumulative lot size reduction is maintained as common open space, provided that the developer may request an open space density bonus in accordance with Subsection H of this section.
D. 
Open space. Where a cluster development abuts a body of water, a portion of the shoreline, as well as access to it, shall be a part of the common open space. Open space shall be owned either jointly or in common by the owners of the building lots, by a trust or association which has as its principal purpose the conservation or preservation of land in essentially its natural condition, or by the Town. Further subdivision of the common open space or its use for other than noncommercial recreation or conservation, except for easement for underground utilities, shall be prohibited by deed restrictions or recorded easements. Structures and buildings accessory to noncommercial recreation or conservation uses may be erected on common open space.
E. 
Water supply. All dwelling units in a cluster development shall be connected to a common water supply and distribution system, either public or private, unless the developer clearly demonstrates to the Planning Board that:
(1) 
The costs of providing a common water supply and distribution system are prohibitive;
(2) 
Adequate groundwater is available at all locations proposed for individual water systems; and
(3) 
The groundwater source(s) proposed for individual water systems is safe from both on-site and off-site contamination.
F. 
Waste disposal. All structures with required plumbing in the development shall be connected to a public sanitary sewer system if available, or to a private central collection and treatment system in accordance with minimum standards set forth in the State of Maine Plumbing Code, unless the developer shall clearly demonstrate to the Planning Board that:
(1) 
The costs of connection to a public sanitary sewer system or of providing a central collection and treatment system are prohibitive;
(2) 
Adequate soils and land area are available at all locations proposed for individual septic systems;
(3) 
The proposed individual septic systems shall in no way endanger groundwater supplies which are currently being utilized as a water source for any existing development; and
(4) 
The proposed individual septic systems shall in no way endanger groundwater supplies which will be utilized by any proposed common or individual water system in the cluster development.
G. 
Buildings. Buildings in cluster developments shall be oriented with respect to scenic vistas, natural landscape features, topography, and natural drainage areas, in accordance with an overall plan for site development and will be compatible in terms of physical size, visual impact, intensity of use, proximity to other structures, and density of development with other uses within the zone.
H. 
Open space and density bonus. The total area of common open space within the cluster development shall be equal to or exceed the sum of the areas by which any building lots are reduced below the minimum lot area normally required in the zone, except that the developer shall be entitled to a density bonus increasing the total number of building lots allowed in a proposed cluster development by 10% if more than 60% of the land in the cluster development is dedicated to common open space.
I. 
Procedure. The Planning Board shall review the proposed cluster development under the site plan review regulations in Article 10 simultaneously with its review of the development under Chapter 415, Subdivision Regulations.
J. 
Submissions.
(1) 
Preliminary plan. In addition to all information requested in Chapter 415, Subdivision Regulations, the following information shall be provided at the time of the submission of a preliminary plan:
(a) 
Proposed location, size, and type of all structures;
(b) 
Proposed traffic circulation, parking areas and pedestrian walks;
(c) 
Proposed landscaping plan, including site grading and landscape planting;
(d) 
Proposed construction sequence for buildings, parking spaces and landscaping area, including preliminary drawings of building to be constructed in the current phase; and
(e) 
Proposed use, ownership and maintenance of all common land.
(2) 
Other information. The Planning Board may request additional information necessary to determine if the proposed development meets the provisions of this chapter.
Notwithstanding other provisions of the Land Use Ordinance, an elder-care facility shall be governed by the following performance standards:
A. 
Minimum lot size. An elder-care facility shall be located on a lot with a minimum lot area of 200,000 square feet.
B. 
Minimum lot width. The lot shall meet the minimum lot width requirement of the zone in which it is located.
C. 
Setbacks. An elder-care facility shall conform to the following setback requirements:
(1) 
Buildings with less than 5,000 square feet of gross floor area:
(a) 
Front: 50 feet.
(b) 
Side: 50 feet.
(c) 
Rear: 50 feet.
(2) 
Buildings with 5,000 or more square feet of gross floor area:
(a) 
Front: 75 feet.
(b) 
Side: 100 feet.
(c) 
Rear: 100 feet.
(3) 
The area of the required front setback shall be maintained as a landscaped area. This area may be crossed by access drives and pedestrian facilities, but shall not be used for parking or service areas.
D. 
Height. Notwithstanding the provisions of § 240-6.2, Height restrictions, the height of all buildings associated with an elder-care facility shall be limited to a maximum of two stories and 30 feet. The Planning Board may permit an increase in the height to a maximum of 35 feet as part of the site plan review if the applicant demonstrates that the additional height is needed to accommodate a pitched roof, in accordance with Subsection G.
E. 
Density. The minimum lot area for each dwelling unit and each residential care unit in an elder-care facility shall be:
(1) 
Dwelling units: 2,500 square feet of net residential area.
(2) 
Residential care units: 1,500 square feet of net residential area.
F. 
Sewer and water supply. All elder-care facilities shall be connected to the public sewer and water supply systems. No elder-care facility shall dispose of sewage by means of an on-site sewage disposal (septic) system or other private sewage disposal system.
G. 
Architectural appearance. All new construction of elder-care facilities shall have pitched roofs, which may include a gable roof, hip roof, or gambrel roof. If a gable roof or hip roof is used, the roof pitch shall be at least four feet in 12 feet. All new construction shall use exterior materials compatible with other structures in the surrounding area.
H. 
Buffering and landscaping.
(1) 
An elder-care facility regardless of size, shall submit a landscape plan for the parking areas that serve the development as part of its application for site plan review. The plan shall be prepared by a landscape architect licensed in the State of Maine. The plan shall show adequate provisions for screening the parking, loading/unloading, and service areas from adjacent properties.
(2) 
In addition, an elder-care facility with more than 15 dwelling units, residential care units, and/or nursing home beds that abuts a lot in a residential district or in residential use shall comply with the following standards:
(a) 
The first 50 feet of the side or rear setback, measured from the property line, shall be retained in its natural vegetated state to the maximum extent possible to provide a visual screen between the abutting lot and the project.
(b) 
When natural buffering does not exist, cannot be fully retained as a visual screen or, in the sole judgment of the Planning Board, is not sufficient to achieve an effective visual screen, the first 50 feet of the side or rear setback shall be landscaped to create a visual screen.
(c) 
In addition to the landscaping of side and rear yards required to serve as buffers between the development and abutting lots in residential districts or residential use the applicant shall submit a landscape plan, prepared by a landscape architect licensed in the State of Maine, for other yard areas, parking areas, public areas, and site entrances.
I. 
Outdoor lighting. Outdoor lighting shall be compatible with the project's location. Outdoor lighting shall be designed to provide only the minimum lighting necessary to ensure adequate vision, safety, and comfort in pedestrian and vehicle areas and to not cause glare beyond the limits of the property boundaries. Lighting shall conform to Chapter 245, Lighting, Outdoor.
[Amended 11-4-2025]
A. 
Any home occupation or profession which is accessory to and compatible with a residential use may be permitted as a conditional use by the Zoning Board of Appeals, provided that:
(1) 
It is customarily carried on in a dwelling unit or in a structure customarily accessory to a dwelling unit.
(2) 
It is carried on primarily by a member or members of the family residing in the dwelling unit.
(3) 
It does not materially injure the character or usefulness of the dwelling unit or accessory structure for normal residential purposes.
B. 
All home occupations shall conform with the following conditions:
(1) 
The home occupation shall be carried on wholly within the dwelling or accessory structure.
(2) 
The home occupation shall be carried on primarily by a member or members of the family residing in the dwelling unit. Not more than two persons, other than family members residing in the dwelling unit, shall be employed on the premises in connection with the home occupation.
(3) 
There shall be no exterior display, no exterior signs other than those permitted in § 240-6.12E, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
(4) 
Objectionable conditions such as noise, vibration, smoke, dust, electrical disturbance, odors, heat, glare, or activity at unreasonable hours, shall not be permitted.
(5) 
The traffic generated by such home occupation shall not increase the volume of traffic so as to create a traffic hazard or disturb the residential character of the immediate neighborhood.
(6) 
In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the vehicles of each employee and the vehicles of the maximum number of users the home occupation may attract during peak operating hours. Parking for more than one vehicle used primarily for the home occupation shall require explicit approval of the Zoning Board of Appeals.
(7) 
The home occupation may utilize:
(a) 
Not more than 20% of the dwelling unit floor area, provided that for the purposes of this calculation, unfinished basement and attic space are not included.
(b) 
Unfinished attic and basement spaces.
(c) 
One accessory structure. The floor area utilized in the accessory structure shall not exceed the floor area of the dwelling unit as calculated under Subsection B(7)(a) above.
A. 
Except in the Dock Square Zone where the minimum property line setbacks in § 240-4.5 shall apply, no part of any building used for a hotel, motel, bed-and-breakfast, or inn shall be closer than 40 feet to the property line, provided that any such building used for a hotel, motel, bed-and-breakfast, or inn constructed prior to January 1, 2015, shall be exempt from applicable dimensional requirements only to the extent necessary to achieve compliance with Americans with Disabilities Act (ADA) and life safety requirements for stairwells and elevator assemblies. An area of open space, not less than 20 feet wide, shall be maintained and planted with grass, bushes, flowers or trees, all along each lot line and along the street, except for entrance and exit driveways and except as needed for construction or renovation of ADA and Life Safety compliant stairwells and elevator assemblies. The open space shall not be used for automobile parking.
B. 
The size and location of water lines and fire hydrants on the property shall be approved in writing by the Fire Chief and the Kennebunk, Kennebunkport and Wells Water District.
C. 
Prior to the issuance of a building permit, building construction plans shall be approved in writing by the State Fire Marshal's office.
D. 
The total area of motel, hotel, bed-and-breakfast, or inn buildings plus the total area of parking spaces and driveways, taken together, shall not exceed 1/3 of the total area of the lot, in the case of single-story buildings, nor exceed 1/4 of the total area of the lot, in the case of two-story buildings.
E. 
Where a hotel or motel provides kitchens or kitchenettes in guest rooms of less than 1,100 square feet in area, such guest rooms shall not be considered dwelling units for purposes of this chapter, so long as the guest rooms are occupied exclusively by hotel or motel guests who occupy such guest rooms for no more than 120 days in any calendar year, except that within any Shoreland Zone, hotels and motels must meet the minimum residential lot size requirements per guest room if the room contains a kitchen or kitchenette. Units containing a kitchen or a kitchenette may not be used to establish residency and are limited to a maximum stay of no more than 120 days in any calendar year per guest.
F. 
Any hotel, motel, or inn constructed after January 1, 2011, shall be required to hook up to municipal sewer and water, except that parcels containing existing hotels, motels or inns may be expanded within the standards allowed without complying with this requirement. Parcels described by this subsection may not be deeded additional land that would circumvent the purposes of this chapter. Bed-and-breakfasts are intentionally omitted from this subsection and would be permitted to utilize a subsurface waste system or municipal facilities.
Structures or pens for housing or containing the animals in a kennel shall be set back at least 100 feet from the property lines of the lot on which the kennel is located.
No mobile home or manufactured housing unit constructed prior to June 15, 1976, shall be brought into the Town after the effective date of this chapter.
A. 
Design and performance standards. Mobile home parks are subject to Planning Board Site Plan Review. Except as stipulated below, mobile home parks shall also meet all the requirements for a residential subdivision, and shall conform to all applicable state laws and local ordinances or regulations. Where the provisions of this section conflict with specific provisions of Chapter 415, Subdivision Regulations, the provisions of this section shall prevail. The plan presented to the Planning Board shall designate all lots to be used within the proposed mobile home park.
B. 
Lot area and lot width requirements. Notwithstanding the dimensional requirements located in Article 4 of this chapter, lots in a mobile home park shall meet the following lot area and lot width requirements:
(1) 
Lots served by public sewer:
(a) 
Minimum lot area: 6,500 square feet.
(b) 
Minimum lot width: 50 feet.
(2) 
Lots served by individual subsurface wastewater disposal systems:
(a) 
Minimum lot area: 20,000 square feet.
(b) 
Minimum lot width: 100 feet.
(3) 
Lots served by a central on-site subsurface wastewater disposal system approved by the Maine Department of Health and Human Services:
(a) 
Minimum lot area: 12,000 square feet.
(b) 
Minimum lot width: 75 feet.
(4) 
The overall density of any park served by any subsurface wastewater disposal system shall not exceed one dwelling unit per 20,000 square feet of total park area.
(5) 
Lots located within any Shoreland Zoning District shall meet the lot area, lot width and shore frontage requirements for that district.
(6) 
No part of any lot which is part of a road right-of-way, part of a required buffer strip, part of a required open space, or part of a required shoreland setback shall be used for the purpose of computing lot area or any size, setback, frontage or other dimensional requirement which may be imposed.
C. 
Unit setback requirements.
(1) 
On lots 10,000 square feet in area or larger, structures shall not be located less than 15 feet from any boundary lines of an individual lot. On lots less than 10,000 square feet in area, structures shall not be located less than 10 feet from any boundary lines of an individual lot.
(2) 
On lots which abut a public way either within the park or adjacent to the park, structures shall meet the front setback provisions of this chapter. On lots which are located within the Shoreland Zoning District, structures shall meet the applicable setback from high-water mark requirements of this chapter or Chapter 415, Subdivision Regulations, whichever provisions are stricter.
D. 
Buffering. If a mobile home park is proposed with a residential density of at least twice the density of residential development on immediately adjacent parcels of land, or at least twice the net residential density permitted in the zoning district in which the park is located if the immediately adjacent parcels of land are undeveloped, the park shall be designed with a continuous landscaped area not less than 50 feet in width which shall contain no structures, streets or utilities, except that utilities may cross a buffer strip to provide service to the mobile home park. For the first 25 feet of the buffer strip as measured from the exterior boundaries of the park, the Planning Board shall consider natural buffering which forms an effective visual barrier to be located on all exterior lot lines of the park, except that driveways shall be kept open to provide visibility for vehicles entering and leaving the park. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide a buffer, other kinds of buffers shall be considered.
E. 
Open space reservation. An area no less than 10% of the total area of those lots with a lot area of 10,000 square feet or less shall be reserved as common open space. Common open space shall be owned either jointly or in common by the owners or residents of the mobile home park, by an association of the residents of the mobile home park, by a trust or association which has as its principal purpose the conservation or preservation of land in essentially its natural condition, or by the Town. The Planning Board may waive the requirement for open space when the park is located within 1/2 mile of a publicly owned recreation area.
F. 
Road design, circulation and traffic impacts. Streets within a park shall be designed by a professional engineer licensed in the State of Maine.
(1) 
Streets which the applicant proposes to be dedicated as public ways shall be designed and constructed in accordance with the standards for streets in Chapter 415, Subdivision Regulations.
(2) 
Streets which the applicant proposes to remain private ways shall meet the following minimum geometric design standards:
(a) 
Minimum right-of-way width: 23 feet.
(b) 
Minimum width of paved way: 20 feet.
(3) 
Any mobile home park expected to generate average daily traffic of 200 trips per day or more shall have at least two street connections with existing public streets. Any street within a park with any average daily traffic of 200 trips per day or more shall have at least two street connections leading to existing public streets, other streets within the park or other streets shown on an approved subdivision plan.
(4) 
No individual lot within a park shall have direct vehicular access onto an existing public street.
(5) 
The intersection of any street within a park and an existing public street shall meet the following standards:
(a) 
Angle of intersection. The desired angle of intersection shall be 90°. The minimum angle of intersection shall be 75°.
(b) 
Maximum grade within 75 feet of intersection. The maximum permissible grade within 75 feet of the intersection shall be 2%.
(c) 
Minimum sight distance. A minimum sight distance of 10 feet for every mile per hour of posted speed limit on the existing road shall be provided. Sight distance shall be measured from the driver's seat of a vehicle that is 10 feet behind the curb or edge of shoulder line with the height of the eye 3 1/2 feet above the pavement and the height of object 4 1/4 feet.
(d) 
Distance from other intersections. The center line of any street within a park intersecting an existing public street shall be no less than 125 feet from the center line of any other street intersecting that public street.
(6) 
The application shall contain an estimate of the average daily traffic projected to be generated by the park. Estimates of traffic generation shall be based on a recognized methodology of the kind relied on by transportation engineers. If the park is projected to generate more than 400 vehicle trip ends per day, the application shall also include a traffic impact analysis by a licensed professional engineer with experience in transportation engineering.
G. 
Groundwater impacts.
(1) 
Assessment submitted. The application for approval of any mobile home park which is not served by public sewer shall include an analysis of the impacts of the proposed mobile home park on groundwater quality. The hydrogeologic assessment shall be prepared by a certified geologist or licensed professional engineer experienced in hydrogeology and shall contain at least the following information:
(a) 
A map showing the basic soils types.
(b) 
The depth of the water table at representative points throughout the mobile home park.
(c) 
Drainage conditions throughout the mobile home park.
(d) 
Data on the existing groundwater quality, either from test wells in the mobile home park or from existing wells on neighboring properties.
(e) 
An analysis and evaluation of the effect of the mobile home park on groundwater resources. The evaluation shall, at a minimum, include a projection of post development nitrate-nitrogen concentrations at any wells within the mobile home park, at the mobile home park boundaries and at a distance of 1,000 feet from potential contamination sources, whichever is a shorter distance. For mobile home parks within the watershed of a lake, projections of the development's impact on groundwater phosphate concentrations shall also be provided.
(f) 
A map showing the location of any subsurface wastewater disposal systems and drinking water wells within the mobile home park and within 200 feet of the mobile home park boundaries.
(2) 
The proposed mobile home park shall not, alone or in conjunction with existing activities, render the groundwater unfit as a public or private drinking water supply as determined by applicable regulations.
(3) 
Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the map submitted with the assessment. If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a note on the Plan.
H. 
No development or subdivision which is approved under this section as a mobile home park may be converted to another use without the approval of the Planning Board, and without meeting the appropriate lot size, lot width, setback and other requirements. The plan to be recorded at the Registry of Deeds and filed with the municipality shall include the following restrictions as well as any other notes or conditions of approval:
(1) 
The land within the park shall remain in unified ownership and the fee to lots or portions of lots shall not be transferred.
(2) 
No dwelling unit other than a manufactured home shall be located within the park.
I. 
Nonpermitted areas. Mobile home parks are not permitted in the following areas which are deemed not reasonably suitable as indicated in Title 30-A M.R.S.A. § 4358, Subsection 3M:
(1) 
Land zoned as Resource Protection.
(2) 
Land included within the jurisdiction of the Army Corps of Engineers under the Clean Water Act, 33 U.S.C. §§ 1251 to 1376, as amended.
(3) 
Land rated as high for wildlife diversity by the State Department of Inland Fisheries and Wildlife.
(4) 
Land included under Maine's Tree Growth Tax Law, 36 M.R.S.A. §§ 571 to 584-A, as amended, or under Maine's Farm and Open Space Tax Law, 36 M.R.S.A. §§ 1101 to 1121, as amended.
J. 
Subsurface wastewater disposal. The following provisions apply in the case of parks not served by public sewer:
(1) 
In addition to any other requirements, including the State of Maine Subsurface Wastewater Disposal Rules, no subsurface wastewater disposal system may be located on land with any of the following soils which have "severe" limitations for "septic tank absorption," as indicated in Table 11 of the 1982 Soil Survey of York County, USDA, SCS:
Adams (AdD)
Becket (BcB, BcC, BcD, BeB, BeC, DeD)
Biddeford (Bm)
Brayton (BrB, BsB)
Buxton (BuB, BuC, BuD)
Chocorua (Ch)
Colton (CoD, CoE)
Croghan (CrB, CuB)
Elmwood (EmB, EmC)
Hermon (HeD, HmD, HnC, HnE)
Lyman (LnB, LnC, LnD, LyB, LyC, LyE)
Madawaska (MaB)
Marlow (MrB, MrC2, MrD2, MvB, MvC, MvD)
Naumburg (Na)
Ondawa (On)
Peru (PeB)
Podunk (Po)
Raynham (Ra)
Rumney (Ru)
Saco (Sa)
Scantic (Sc, UsA)
Scio (SeB, SeC, SeD)
Sebago (Sg)
Skerry (SkB, SkC, SrB, SrC)
Vassalboro (Va, Vp)
Waskish (Wa)
Westbury
Winooski
(2) 
When a central on-site subsurface wastewater disposal system is proposed, the applicant must demonstrate that suitable land area with suitable soils exists on the property to provide for a replacement system. Such replacement system must also be approved by the Local Plumbing Inspector and, if required under the State of Maine Subsurface Wastewater Disposal Rules, by the Maine Department of Health and Human Services. The location for that replacement system must be located on the site plan. The area devoted to the replacement system may not be used for any other purpose.
[Amended 11-4-2025]
A. 
A multiplex building shall contain no more than eight dwelling units. In a site with more than one multiplex building, the total number of dwelling units shall not exceed an average of six dwelling units per building. Multiplex buildings shall be located at least 40 feet apart from each other. All living area shall be located entirely or substantially above grade.
B. 
All multiplex buildings shall be connected to a central water supply and distribution system (either public or private) at no expense to the municipality. The applicant shall demonstrate by actual test, or by a signed letter from an authorized representative of the servicing water company, that water can be supplied at the rate of at least 850 gallons per day per dwelling unit and at an adequate pressure for firefighting purposes.
C. 
Fire hydrants shall be located so that they are not more than 500 feet from any building, as hose is laid in the street.
D. 
All multiplex buildings shall be connected to a public sewer or to a central sewage disposal system, in accordance with the provisions of the Maine State Plumbing Code.
E. 
It shall be the responsibility of the developer, the owner, or an owners' association to provide for rubbish disposal, snow removal and site maintenance. All outdoor storage areas for waste collection shall be enclosed by a wooden or masonry screen at least four feet in height.
F. 
Garages or other accessory buildings shall not be located between multiplex buildings and the front lot line. Accessory buildings shall be located so as not to inhibit the access of emergency vehicles and fire apparatus to any side of a residential building.
G. 
Buildings shall be so designed and laid out to protect bedroom windows from night invasion by vehicle headlights or glare from existing outdoor lighting or illuminated signs, insofar as practicable. However, orientation of buildings for passive solar heat or views shall take precedence.
H. 
No existing building or structure may be converted to multiplex use without Planning Board Site Plan Review Approval under Article 10 or without complying with the standards of this section. Prior to the conversion of dwelling units in a multiplex or other spaces in a building to a condominium form of ownership, a plan of the proposed condominium units shall be submitted to the Code Enforcement Officer to enable him/her to determine whether structural changes will be made which require site plan review approval under Article 10.
Unless otherwise provided for in this chapter, any use involving the retail sale of goods or services, whether as a retail business or other category of use, within the Dock Square and Riverfront Zones, shall comply with this section.
A. 
Each individual retail business shall contain no less than 500 square feet of gross floor area.
B. 
The creation of separate areas under this section within existing structures, or as a part of proposed structures, is subject to site plan review by the Planning Board under the provisions of Article 10.
[6-8-2021; 11-4-2025]
Purpose: To provide for smaller-scale housing options, specifically workforce housing and small-scale commercial options, by encouraging mixed-use structures.
A. 
A request for residential mixed use requires submittal of a site plan that shall include the property owner with deed reference, lot boundaries and dimensions to scale, the location and setbacks of all buildings and parking areas and open spaces.
B. 
Minimum lot size and building setbacks shall meet the underlying zone requirements.
C. 
Streetscapes created by new development must be pedestrian-oriented. There shall be a direct pedestrian connection between the principal building entrance and the sidewalk(s) or path(s) along the adjoining street(s) if the commercial use is open to the public and/or fronts an existing public sidewalk or path.
D. 
Parking shall meet the requirements set forth in Article 6. Parking shall be predominantly located to the side and/or rear of the building.
E. 
Residential mixed-use structures located on properties connected to the Town's wastewater collection system must be approved by the Sewer Department. Properties utilizing subsurface waste system and private wells must meet the standards required in the Maine Subsurface Wastewater Disposal Rules. In addition:
(1) 
Existing septic systems must be evaluated for condition and capacity by a licensed site evaluator. A reserve area is required for existing and new systems in the event that replacement is necessary. Biannual pump-outs of septic systems servicing the property are required and documentation must be provided to the Town upon request.
(2) 
Properties serviced by private wells must provide to the Code Enforcement Office a water quality test to ensure adequate water quality prior to issuance of a certificate of occupancy.
F. 
A request for residential mixed use shall include a plan of the entire building showing a separate layout of all finished levels identifying the use of all rooms and the location of all entrances/exits.
G. 
The number of dwelling units permitted with a commercial use as identified in the definition of residential mixed use shall be limited to four and shall meet the net residential density requirements for the underlying zone.
H. 
Individual dwelling units shall consist of a minimum of 600 square feet of habitable space and may not have any living space on a third story unless it meets the minimum life safety requirements as defined in the Building Code.
I. 
The dwelling unit(s) shall be occupied as a primary residence (primary residence shall be defined as more than six months per year).
J. 
Where permitted, only one home occupation shall be permitted per dwelling unit.
K. 
The minimum commercial unit size shall be 500 square feet of gross floor area. The commercial area may not exceed two times the total residential area.
L. 
All new or redeveloped structures shall meet or exceed NFPA requirements for the applicable fire-suppression system.
M. 
Any specific performance standards otherwise identified in this chapter related to the commercial use must also be met.
[Amended 11-8-2022; 6-11-2024; 11-4-2025]
A. 
Purpose. The purpose of allowing residential rental accommodations is to authorize the use of legally existing single-, two-, and multifamily structures for the accommodation of roomers, for compensation, while ensuring the safety of the occupants and minimizing the impact of such use on the surrounding neighborhood. Such rentals and the revenue they make to homeowners help make Kennebunkport affordable for persons on fixed or limited incomes; enhance and diversify accommodations available to visitors and tourists; and provide travelers with affordable accommodations from which to explore Kennebunkport and the Seacoast region. If not made the subject of appropriate, limited regulations, however, the use of residential properties for residential rental accommodations may create adverse impacts on surrounding residential uses including, without limitation, increased levels of traffic, parking demand, light and glare, and noise. Such impacts are deleterious to the public health, safety, and welfare of the neighborhood and the Town because they impair the livability and desirability of Kennebunkport neighborhoods for residential uses.
B. 
Performance standards. Residential rental accommodations are prohibited in accessory apartments. No more than two rooms in a residential rental accommodation may be let out to roomers, provided that:
(1) 
No separate kitchen/kitchenette or cooking facilities are provided for or use by the roomers;
(2) 
No sign is located on the premises advertising the availability of rooms for lease or rent to roomers;
(3) 
No alteration or change of the dwelling unit in its exterior appearance is made to accommodate the presence of roomers;
(4) 
The bedroom(s) being rented shall be inspected by the Code Enforcement Officer and shall have code compliant smoke and carbon monoxide detectors in addition to complying with current building code requirements for primary and secondary means of escape;
(5) 
The rooms occupied by the roomers do not have a separate entrance from the outside;
(6) 
The rooms occupied by the roomers are within the principal structure;
(7) 
The roomers use utilities which are not separately metered from those used by the remaining occupants of the dwelling unit;
(8) 
One off-street parking space per room rented shall be required as per § 240-6.10F; and
(9) 
The owner of the residential rental accommodation shall remain in residence while rooms are being rented.
C. 
Approval; permit; appeal.
(1) 
Approval to operate a residential rental accommodation shall be granted by the Code Enforcement Officer upon a successful property inspection and complete permit application. Such permit shall be issued to the property owner only, and is subject to sufficient evidence that the property is owner occupied.
(2) 
A permit to operate a residential rental accommodation shall expire upon a change in ownership or a change in owner residency status.
(3) 
A single-family dwelling approved to accommodate roomers prior to November 8, 2016, may continue to operate under the conditions of approval as specified by the Zoning Board of Appeals, including the Land Use Ordinance requirements and restrictions in effect at the time of such approval.
(4) 
Permit shall be revoked upon confirmation of a second confirmed noise or barking dog citation related to use of a dwelling unit by a roomer. Permit shall also be revoked upon any confirmed violation of the requirements contained within the definition of residential rental accommodation located in Article 2. Any such permit having been revoked shall not be reissued to the same property owner within one year (365 days) from the date of revocation, which shall require Code Enforcement Officer reapproval.
(5) 
An appeal from any decision of the Code Enforcement Officer related to the issuance, nonissuance, suspension or revocation of a residential rental accommodation permit shall be taken by an aggrieved party to the Zoning Board of Appeals within 30 days of the decision.
[Added 6-11-2024]
An affordable housing development that complies with the requirements of this section is eligible for a dwelling unit density bonus of 2 1/2 times the base density that is otherwise allowed on the lot proposed for affordable housing development. If fractional results occur when calculating the density bonus, the maximum number of allowed units shall be rounded down to the nearest whole number.
A. 
Location. The affordable housing development must be either 1) located in a designated growth area or 2) served by a public, special district, or other centrally managed water system and a public, special district, or other comparable sewer system.
B. 
Long-term affordability.
(1) 
More than half (51%) of the total dwelling units in the affordable housing development must be designated as affordable rental units or affordable homeownership units.
(2) 
Prior to the issuance of a certificate of occupancy for a structure to be used for an affordable housing development, the owner of the affordable housing development must execute a restrictive covenant recorded in the York County Registry of Deeds and enforceable by a third party acceptable to the Planning Board, to ensure that for at least 30 years after completion of construction occupancy of all units designated affordable in the development will remain limited to households at or below 80% (for rental housing) or 120% (for owned housing) of the local area median income at the time of initial occupancy. The restrictive covenant must run with the land and encumber the affordable housing development, be binding upon the developer (for rental housing) or the unit owners (for owned housing) and their successors and assigns, and inure to the benefit of and be enforceable by the Town a third party acceptable to the Planning Board.
C. 
Water and wastewater.
(1) 
The sanitary and potability standards in § 240-6.11 shall apply to each unit within the affordable housing development.
(2) 
The developer of the affordable housing development must make adequate provision for the long-term maintenance, repair, and improvement of any i) individual private septic system, ii) comparable sewer systems, iii) individual private wells, and iv) public water systems proposed to serve the units within the affordable housing development, including a process of collection and enforcement to obtain capital improvement funds from the developer (for rental housing) or the unit owners (for owned housing).
D. 
Multiplex development. The provisions of § 240-7.11 shall apply to any affordable housing development that includes a multiplex building.
E. 
Short-term rental prohibition. No unit (whether designated as affordable or not) within an affordable housing development may be used for short-term rental pursuant to Chapter 129 of this Code during the duration of the long-term affordability restriction in Subsection B(2), above.
F. 
Nothing in this section exempts an affordable housing development from any other requirements of this Code, including but not limited to the growth management permit requirements in § 240-11.12, the subdivision regulations in Chapter 415 of this Code, or any shoreland zoning requirements.