[Amended 11-3-2020; 6-13-2023]
Accessory apartments may only be located in, attached to, or
detached from a single-family dwelling, shall not be defined as a
two-family or a multiplex, are allowed as a permitted use in all zones,
except where otherwise noted in Subsection D, and are subject to the
limitations below:
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.
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. An entrance
leading to a foyer with interior entrances leading from the foyer
to the two dwelling units is permitted. 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.
D.
Accessory apartments are not permitted in the Shoreland Zone unless
the lot on which it will be located has at least double the lot size
for that zone, double the minimum lot size, and double the shore frontage
for that zone.
E.
Only one accessory apartment shall be permitted per single-family
dwelling.
F.
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.
G.
Accessory apartments 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.
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:
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.
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.
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.
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)
(8)
Except in the Free Enterprise and Farm and Forest Zones, a home
occupation shall not be permitted in a single-family dwelling in which
there is an accessory apartment.
(9)
Only one home occupation shall be permitted per dwelling unit.
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:
(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.
(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:
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:
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Adams (AdD)
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Becket (BcB, BcC, BcD, BeB, BeC, DeD)
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Biddeford (Bm)
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Brayton (BrB, BsB)
|
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Buxton (BuB, BuC, BuD)
|
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Chocorua (Ch)
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Colton (CoD, CoE)
|
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Croghan (CrB, CuB)
|
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Elmwood (EmB, EmC)
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Hermon (HeD, HmD, HnC, HnE)
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Lyman (LnB, LnC, LnD, LyB, LyC, LyE)
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Madawaska (MaB)
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Marlow (MrB, MrC2, MrD2, MvB, MvC, MvD)
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Naumburg (Na)
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Ondawa (On)
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Peru (PeB)
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Podunk (Po)
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Raynham (Ra)
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Rumney (Ru)
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Saco (Sa)
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Scantic (Sc, UsA)
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Scio (SeB, SeC, SeD)
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Sebago (Sg)
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Skerry (SkB, SkC, SrB, SrC)
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Vassalboro (Va, Vp)
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Waskish (Wa)
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Westbury
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Winooski
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(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.
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.
An area of open space not less than 20 feet wide shall be maintained
with grass, bushes, flowers or trees all along the side and rear lot
lines and (except for entrance and exit driveways) along the entire
front line of each lot. Such open space area shall not be built on
or paved or used for parking or storage.
I.
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.
Purpose: To provide for smaller-scale housing options, specifically
workforce housing and small-scale commercial options, by encouraging
mixed-use structures without requiring twice the minimum lot size
on conforming lots.
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. Minimum open space (area not occupied by structures
or parking) shall be 60% of total lot area.
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.
[Amended 6-8-2021]
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.
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. No more than two rooms in a residential rental
accommodation may be let out to roomers, provided that:
(1)
No separate kitchen 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;
(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.
[Amended 11-8-2022]
(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.
[Amended 11-8-2022]
(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.
