A.
This chapter shall be enforced by the Code Enforcement Officer, who
shall be appointed or reappointed annually by July 1 by the Board
of Selectmen under the Administrative Code of the Town of Kennebunkport.
B.
The Code Enforcement Officer shall maintain a current file of all
pertinent federal, state and local statutes, ordinances, regulations,
codes and plans relating to land use regulation, including local subdivision
plans.
C.
The Code Enforcement Officer shall maintain a record of fees collected.
D.
The Code Enforcement Officer shall conduct on-site inspections to
ensure compliance with all applicable laws and conditions attached
to approval. The Code Enforcement Officer, in the performance of his/her
duties, shall have freedom of access during reasonable hours for inspection
purposes, with the consent of the owner, to all parts of any building
or structure regulated by this chapter. When necessary, the Code Enforcement
Officer may obtain an administrative warrant from District Court.
After the effective date of this chapter, no person shall, without
first obtaining a permit, engage in any activity or use of land or
structure requiring a permit in the district in which such activity
or use would occur; or expand, change, or replace an existing use
or structure; or renew a discontinued nonconforming use. A person
who is issued a permit pursuant to this chapter shall have a copy
of the permit on site while the work authorized by the permit is performed.
Therefore, a written permit from the Code Enforcement Officer shall
be required for the following activities:
A.
Flood hazard areas. All construction or earth moving activities or
other improvements within the one-hundred-year floodplain designated
on the Flood Insurance Rate Maps published by the Federal Emergency
Management Agency.
B.
New construction. New construction of buildings and structures.
C.
Any activity and use listed in Article 5 as requiring a permit from
the Code Enforcement Officer.
D.
Alteration. Alteration of a building or structure, or parts thereof, except as provided in § 240-11.3.
E.
Moving demolition. All buildings or structures which are removed
from or moved onto, or moved around within a lot, or demolished.
(1)
Demolition of historic buildings. The following provisions apply
to all applications for the demolition or removal of any locally historic
building built prior to 1930 in a National Register District. Immediately
upon receiving a demolition request from a property owner or applicant
and prior to issuing a demolition permit, the Code Enforcement Officer
shall post a sixty-day waiting period, and at the applicant's expense,
provide written notice to abutters, and advertise at least two times
in a newspaper of widespread circulation within the Town of Kennebunkport,
the applicant's demolition request.
F.
Change of use. The change of any premises from one category of land
use to any other land use.
H.
Conditional uses. Any use requiring approval as a conditional use
by the Planning Board or Zoning Board of Appeals.
I.
Roads, filling or grading. Road construction and filling or grading of land, as described in § 240-6.14.
K.
Growth management permit. Construction or placement of a new dwelling unit, as described in § 240-11.12.
L.
Temporary placement of an awning or tent(s) exceeding 80 square feet
in size from Memorial Day weekend until Labor Day shall be permitted.
Temporary placement outside of the Memorial Day weekend through Labor
Day season shall not exceed 30 days per any calendar year per parcel.
Tents that exceed 80 square feet and are in place beyond the limits
mentioned above are subject to conditions and approvals as a permanent
structure.
[Amended 11-3-2020]
M.
Disability variance. The Code Enforcement Officer may grant a variance
from setback or lot coverage requirements only to an owner of a residential
dwelling, for the purpose of making that dwelling accessible to a
person with a disability who resides in or regularly uses the dwelling.
The Code Enforcement Officer shall restrict any variance granted under
this subsection solely to the installation of equipment or the construction
of structures necessary for access to or egress from the dwelling
by the person with the disability. The Code Enforcement Officer may
impose conditions on the variance, including limiting the variance
to the duration of the disability or to the time that the person with
the disability lives in the dwelling. The term "structures necessary
for access to or egress from the dwelling" shall include railing,
wall or roof systems necessary for the safety or effectiveness of
the structure. For any application within the Shoreland Zone, a copy
of each variance request, including the application and all supporting
information supplied by the applicant, shall be forwarded to the Commissioner
of the Department of Environmental Protection at least 20 days prior
to action by the Code Enforcement Officer. Any comments received from
the Commissioner shall be made part of the record and shall be taken
into consideration by the Code Enforcement Officer.
A.
Normal maintenance, repairs, re-roofing, re-siding, and decorative
changes to a building or structure do not require a permit.
B.
A permit is not required for the replacement of an existing road
culvert as long as:
(1)
The replacement culvert is not more than 25% longer than the
culvert being replaced;
(2)
The replacement culvert is not longer than 75 feet; and
(3)
Adequate erosion control measures are taken to prevent sedimentation
of the water, and the crossing does not block fish passage in the
watercourse.
C.
A permit is not required for an archaeological excavation as long
as the excavation is conducted by an archaeologist listed on the State
Historic Preservation Commission's Level I or Level II approved list,
and unreasonable erosion and sedimentation is prevented by means of
adequate and timely temporary and permanent stabilization measures.
[Amended 11-3-2020]
D.
Any permit required by this chapter shall be in addition to any other
permit required by other law or ordinance.
A.
All applications for permits shall be submitted in writing in duplicate
to the Code Enforcement Officer on forms provided for the purpose.
B.
All applications shall be signed by an owner or individual who can
show evidence of right, title or interest in the property or by an
agent, representative, tenant, or contractor of the owner with authorization
from the owner to apply for a permit hereunder, certifying that the
information in the application is complete and correct. All applications
shall be dated, and the Code Enforcement Officer shall note upon each
application the date and time of its receipt.
C.
All applications for a permit shall be accompanied by a scaled site
plan or survey, accurately drawn to scale or showing actual dimensions
or distances, and showing:
(1)
The actual shape and dimensions of the lot for which a permit
is sought.
(2)
The location and size of all buildings, structures, water bodies,
and other significant features currently existing on the lot.
(3)
The location and size of new buildings and structures to be
constructed.
(4)
The existing and intended use of each building or structure.
(5)
Where applicable, parking lots and driveways, signs, buffer
strips, and private wells.
(6)
Such other information as may be necessary to provide for the
administration and enforcement of this chapter.
D.
If the property is not served by a public sewer, a valid plumbing
permit or a completed application for a plumbing permit, including
the site evaluation approved by the Plumbing Inspector, shall be submitted
whenever the nature of the proposed structure or use would require
the installation of a subsurface sewage disposal system.
E.
The Code Enforcement Officer shall, within 20 days of receipt of
an application, notify the applicant in writing either that the application
is a complete application, or, if the application is incomplete, that
specified additional material is needed to make the application complete.
If the application is found to be complete, the Code Enforcement Officer
shall issue the permit, if all proposed construction and uses meet
the provisions of the chapter, or refer the applicant to the Planning
Board for site plan review under Article 10, or deny the application.
All decisions of the Code Enforcement Officer shall be in writing.
Failure of the Code Enforcement Officer to act within 20 days shall
constitute denial of the application.
F.
One copy of the application, with the permit or other written decision
of the Code Enforcement Officer shall be returned to the applicant,
and one copy, with a copy of the permit or written decision shall
be retained by the Code Enforcement Officer as a permanent public
record.
G.
No building or use permit shall be issued for any structure or use
until all other necessary federal, state, and local permits and approvals
have been obtained.
H.
The issuance of a permit under this chapter shall not be deemed a
permit under any federal or state statutes or other ordinance of Kennebunkport.
It is the responsibility of the landowner or applicant to comply with
all other laws and regulations.
I.
The applicant shall have the burden of proving that the proposed
land use activity is in conformity with the purposes and provisions
of this chapter.
J.
Installation of public utility service. A public utility, water district,
sanitary district or any utility company of any kind may not install
services to any new structure located in the Shoreland Zone unless
written authorization attesting to the validity and currency of all
local permits required under this or any previous ordinance has been
issued by the appropriate municipal officials or other written arrangements
have been made between the municipal officials and the utility.
A.
A permit may be suspended or revoked if:
(1)
The permit was issued on incomplete or false information, and/or
continuation of the work authorized would result in a violation of
federal or state statutes or local ordinances.
(2)
A violation has been created during the completion of work initially
authorized by the permit.
(3)
The continuation of the work authorized is endangering or may
endanger the safety or general welfare of the community during the
construction or work for which the permit was issued.
(4)
The applicant or his/her agent is exceeding the scope of the
work for which the permit was issued.
(5)
The Code Enforcement Officer determines that he/she is unable
to rule on the continued validity of a permit, in which case, he/she
shall suspend the permit, without penalty, and require the holder
to file an appeal.
C.
The suspension of a permit shall apply only to that segment of the
work authorized which is, or will create, a violation. Such suspension
shall cease when the Code Enforcement Officer certifies that the violation
or potential violation ceases to exist. When a cause for suspension
has been removed or corrected, the Code Enforcement Officer shall
so certify, in writing, and state:
D.
If, within the time specified for correction, the violation has not
been corrected or removed, the suspension may be continued, or the
Code Enforcement Officer may then revoke the permit.
E.
When a permit is revoked, the Code Enforcement Officer shall prepare
a statement stating the reasons for revocation, and the corrective
measures, if any, that may be taken to correct the violation. Such
revocation shall include a time period given to correct the violation
and shall remain in force until:
(1)
The Code Enforcement Officer determines that the applicant can
and will pursue the work (for which the permit was issued) without
extending or creating a violation.
(2)
The permit application has been corrected to complete information
required and continuance of work will not result in violation.
(3)
The violation has been removed or otherwise discontinued.
(4)
A new permit has been issued.
F.
During the period of revocation, no work shall continue on a project
for which a permit was issued except in the interests of public safety
and protection of the property in place at the time of revocation,
such work having the written approval of the Code Enforcement Officer.
A.
No building or use permit shall be issued by the Code Enforcement
Officer without payment to the Town of Kennebunkport of the required
fee.
B.
The Municipal Officers shall annually set the amount of the fees
required by this chapter after providing opportunity for public comment
and after considering actual costs of implementing this chapter.
C.
When work has begun prior to the issuance of a permit, the fees shall
be doubled.
D.
Upon completion of a new building or major remodeling, a certificate
of occupancy is required. There will be no charge for the first inspection.
If a reinspection is required due to failure to pass a previous inspection,
a reinspection fee shall be required.
A.
A building or use permit issued by the Code Enforcement Officer pursuant
to this chapter shall expire if the work or changes authorized have
not commenced within one year or have not been substantially completed
within two years of the date on which the permit was granted.
B.
Approvals by the Planning Board and the Zoning Board of Appeals shall
expire if a building or use permit is not obtained from the Code Enforcement
Officer within 180 days, provided that the approving Board may, at
the time of the initial approval or upon a subsequent request of the
applicant, grant an extension of up to an additional 180 days upon
a showing by the applicant that, due to circumstances beyond his/her
control, additional time is needed to obtain necessary federal, state
or local approvals.
[Amended 11-3-2020]
No new structure shall be occupied or used, nor shall the occupancy
of any commercial or industrial building change, prior to the issuance
of an certificate of occupancy by the Code Enforcement Officer. The
Code Enforcement Officer shall not issue an certificate of occupancy
unless the new structure or proposed use is in conformance with this
chapter.
A.
Nuisances. Any violation of this chapter shall be deemed to be a
nuisance.
B.
It shall be the duty of the Code Enforcement Officer to enforce the
provisions of this chapter. If, after investigation, the Code Enforcement
Officer finds that any provision of this chapter is being violated,
he or she shall give written notice delivered by hand, if the owner/occupant
agrees to sign a receipt for the notice, or by certified mail, return
receipt requested, to the person responsible for such violation, and/or
to the owner and/or to the occupant of such premises. The notice shall
indicate the nature of the violation and order the action necessary
to correct it, including discontinuance of illegal use of land, buildings
or structures, or work being done, removal of illegal buildings or
structures, and abatement of nuisance conditions. The notice shall
demand that the violation be abated within some designated reasonable
time. If after such notice, the violation is not abated within the
time specified, the Code Enforcement Officer shall institute appropriate
action in the name of the Town of Kennebunkport to prevent, enjoin,
restrain or abate any violation of this chapter. A copy of each such
notice of violation shall be submitted to the Board of Selectmen and
be maintained as a permanent record.
C.
The Code Enforcement Officer shall conduct on-site inspections to
insure compliance with all applicable laws and conditions attached
to permit approvals. The Code Enforcement Officer shall also investigate
all complaints of alleged violations of this chapter.
D.
The Code Enforcement Officer shall keep a complete record of all
essential transactions of the office, including applications submitted,
permits granted or denied, variances granted or denied, revocation
actions, revocation of permits, appeals, court actions, violations
investigated, violations found, and fees collected. On a biennial
basis, a summary of this record shall be submitted to the Director
of the Bureau of Water Quality within the Department of Environmental
Protection.
[Amended 11-3-2020]
E.
Legal actions.
(1)
When the above action does not result in the correction or abatement
of the violation or nuisance condition, the Municipal Officers, upon
notice from the Code Enforcement Officer, are hereby directed to institute
any and all actions and proceedings, either legal or equitable, including
seeking injunctions of violations and the imposition of fines, that
may be appropriate or necessary to enforce the provisions of this
chapter in the name of the Town of Kennebunkport. The Municipal Officers,
or their authorized agent, are hereby authorized to enter into administrative
consent agreements for the purpose of eliminating violations of this
chapter and recovering fines without court action. Such agreements
shall not allow an illegal structure or use to continue unless there
is clear and convincing evidence that the illegal structure or use
was constructed or conducted as a direct result of erroneous advice
given by an authorized municipal official and there is no evidence
that the owner acted in bad faith, or unless the removal of the structure
or use will result in a threat or hazard to public health and safety
or will result in substantial environmental damage.
(2)
If the Code Enforcement Officer has been certified by the Department
of Economic and Community Development, Office of Community Development,
as being familiar with court procedures under 30-A M.R.S.A. § 4453,
he/she may serve civil process and, when specifically authorized to
do so by the Municipal Officers, represent the Town in District Court.
If authorized, the Code Enforcement Officer may obtain assistance
from the Town Attorney with any court proceedings. The Code Enforcement
Officer shall inform the Town Manager and municipal officers of all
legal actions instituted under this article.
[Amended 11-3-2020]
Any person, including but not limited to a landowner, a landowner's
agent or a contractor, who violates any provision or requirement of
this chapter shall be penalized in accordance with 30-A M.R.S.A. § 4452.
Each day of violation after notification shall constitute a separate
offense or violation.
Within five working days of the 15th and 30th of each month,
a list of all building permits granted by the Code Enforcement Officer
shall be made available to a newspaper of general circulation in the
Town of Kennebunkport. The failure of the Code Enforcement Officer
to make available this list, or the decision of the newspaper not
to publish this list, shall not invalidate any building permit.
A.
Purpose. The purpose of this section is to:
(1)
Ensure fairness in the allocation of building permits between
subdividers and single-lot property owners.
(2)
Avoid a situation in which the rapid completion of major subdivisions
could outstrip the Town's capability to expand its municipal services.
(3)
Guide the Town's growth in an orderly fashion so that the annual
increase in population can be adequately served by community facilities
as those services are needed.
(4)
Manage the Town's future residential growth in a manner consistent
with the Town of Kennebunkport's Comprehensive Plan.
B.
Compliance required; violations.
(1)
All new dwelling units, including new manufactured housing dwelling
units, within the Town, whether occupied permanently or seasonally,
shall conform with the provisions of this section. It shall be a violation
of this section for any person to construct or place a new dwelling
unit within the Town without first having obtained a growth management
permit and building permit, in accordance with this section and Article
11, from the Code Enforcement Officer, unless such construction or
placement constitutes an exception under this section.
(2)
If a dwelling unit has been constructed or placed without a
growth management permit or building permit as required under the
provisions of this chapter, it shall also be a violation for any person
to convey such dwelling unit.
C.
Exemptions. The following are exempt from the provisions of this
section:
(1)
The repair, replacement, reconstruction or alteration of any
existing building or structure not resulting in additional dwelling
units;
(2)
Housing for the elderly which is constructed, operated, subsidized
or funded, in whole or in part, by an agency of the state or federal
government;
(3)
The construction or alteration of a nonresidential building
or structure; and
(4)
The construction or alteration of a new accessory apartment.
D.
Maximum rate of house building. The Town shall issue growth management
permits on an annual basis. The total number of growth management
permits shall be determined as follows:
(1)
The number of growth management permits allocated for the year,
excluding permits allocated for affordable housing, shall be 110%
of the mean number of growth management permits issued for the past
10 years rounded to the nearest whole number. The mean is determined
by adding together the total number of growth management permits issued,
excluding permits issued for affordable housing, for each year in
the prior 10 years and then dividing by 10. In no case shall the number
of available permits under this subsection be less than 40.
(2)
The number of growth management permits available for affordable housing shall be 10% of the number of growth management permits established pursuant to Subsection D(1) rounded up to the nearest whole number. Growth management permits available under this subsection are not subject to the allocation requirements of Subsection H(2) and (3). Growth management permits issued by the Code Enforcement Officer for affordable housing may be replaced by building permits according to their rankings.
E.
Legal authority. This section is adopted pursuant to home rule powers
as provided for in Article VIII of the Maine Constitution and 30-A
M.R.S.A. § 2101 et seq. and 30-A M.R.S.A. § 4360.
F.
Periodic review. The operation of this section shall be reviewed by the Growth Planning Committee periodically, but not less frequently than once every two years, to ensure that the annual maximum growth rate has not become inconsistent with the Town's capital improvement capability to establish or enlarge needed public facilities and services. Based upon its review, the Growth Planning Committee may recommend amending this section as provided in § 240-12.1.
G.
Application. Applications for growth management permits shall comply
with the following:
(1)
A growth management permit application must be completed by
the lot owner of record and/or the owner's agent, including all endorsements
and certifications.
(2)
Applications shall be on forms provided by the Town. The Code
Enforcement Officer may request additional information and shall have
the authority to require that the application be revised or supplemented
in order to meet state or local requirements.
(3)
Growth management permit applications shall be accompanied by a a nonrefundable application fee to be established in accordance with § 240-11.6 of this chapter, a complete application for a building permit and Planning Board and/or Zoning Board of Appeals approval, when necessary.
[Amended 11-3-2020]
H.
Issuance procedure. Growth management permit applications shall be
submitted to the Code Enforcement Officer who shall endorse each with
the date and time of receipt. In the event two or more growth management
permit applications are received simultaneously, the Code Enforcement
Officer shall give preference to growth management permit applicants
who are permanent residents of Kennebunkport constructing dwelling
units on property for which they are the owner of record. Remaining
ties shall be settled by random selection. The Code Enforcement Officer
shall review growth management permit applications in the same order
as they are received. The Code Enforcement Officer shall review all
growth management permit applications for completeness and accuracy.
When the Code Enforcement Officer finds an application to be complete,
the Code Enforcement Officer shall approve it by signing the application
and endorsing the date and time of approval on the application. For
purposes of this section, failure of the Code Enforcement Officer
to act within 20 days upon a completed growth management permit application
shall not constitute denial of the application.
(1)
Growth management permits shall be issued on a first-come, first-served basis according to when the application is approved as complete and signed by the Code Enforcement Officer, and in accordance with the numbers and categories of growth management permits available under Subsections D and H(2) and (3).
(2)
Growth management permits issued by the Code Enforcement Officer
may be replaced by building permits according to their rankings. Growth
management permits issued by the Code Enforcement Officer shall be
separated into three groups: growth areas, transitional areas and
rural areas. These areas are identified within the Comprehensive Plan
and further identified on a map entitled "Kennebunkport Rate of Growth
Areas Comprehensive Plan." The Rate of Growth Area Map may be reviewed
and updated periodically by the Growth Planning Committee in order
to reflect current infrastructure development. As a result, parcels
may be reclassified to reflect their actual access to municipal infrastructure
such as sewer and water. The allocation of growth management permits
shall be as follows: 50% available for growth areas, 30% available
for transitional areas and the remaining 20% for rural areas. Decimals
resulting from this formula shall be rounded up to the nearest whole
number for decimals greater than 0.5 and down to the nearest whole
number for decimals less than or equal to 0.5. If the rounding results
in an unallocated growth management permit, that permit shall be allocated
to the growth areas. If a growth management permit is available on
the date the Code Enforcement Officer approves an application as complete,
the Code Enforcement Officer shall issue a growth management permit.
If no growth management permit is available at the time the application
is approved as complete, the application shall remain pending, and
as growth management permits subsequently become available, the Code
Enforcement Officer shall issue growth management permits in the order
in which the applications were approved as complete.
(3)
No more than seven growth permits shall be issued to any one particular individual, property owner, developer or company during each calendar year. except that on or after December 1 of any given calendar year, any remaining permits that have not been issued for that year may be issued to any individual, property owner, developer or company, including those who have already received their maximum allocation of seven for the year. During this time period, remaining growth management permits allocated to transitional or rural areas may be allocated to the growth area as indicated on the growth area map. under no circumstance may remaining growth permits be allocated into transitional or rural areas beyond the percentages set forth in Subsection H(2).
I.
Submitting false information; reconsideration of disapproved applications.
(1)
Any person submitting false information on an application shall
be subject to the penalties provided by law and shall not be eligible
to apply for a growth management permit application for a period of
one year.
(2)
Growth management permit applications which are not approved
by the Code Enforcement Officer because of incomplete or inaccurate
information or lack of compliance with requirements of all other applicable
ordinances shall be automatically re-ranked and reconsidered as a
new application upon resubmission following corrections.
J.
Expiration of permit. The holder of a valid growth management permit
may apply for and be issued a building permit for a building project
that is the same as or substantially similar to the project described
in the growth management permit and which is on the lot which is specified
on the growth management permit. A growth management permit which
has not been used to obtain a building permit within 120 days of the
date of issuance by the Code Enforcement Officer of the growth management
permit shall expire. Expiration of building permits shall be in conformity
with the applicable provisions of this chapter. A growth management
permit shall remain valid and in effect, and a building permit may
be issued based upon it within the prescribed one-hundred-twenty-day
period, when the proposed activity authorized by the growth management
permit is made nonconforming by a subsequent amendment to this chapter
during the permit period, unless the amendment explicitly states otherwise.
K.
Non-transferability. Growth management permits shall be site-specific,
and shall be valid for construction only in the lot specified on the
application. However, such permits and applications for permits shall
be transferable to new owners of the lot, if the property is sold
or otherwise legally transferred. Transfer of ownership of the lot
shall leave the application ranking unchanged. An application which
has been transferred not in accordance with this section shall be
nullified and revoked by the Code Enforcement Officer.
L.
Conflict with other provisions. This section shall not repeal, annul
or in any way impair or remove the necessity of compliance with any
other rule, regulation, bylaw, permit, ordinance or provision of law.
Where this section imposes a greater restriction upon the use of land,
buildings or structures, the provisions of this section shall prevail.
M.
Penalties. Any person, firm or corporation, including but not limited
to a landowner, his or her agent or a contractor, who violates any
provision of this section shall be liable for penalties as set forth
in 30-A M.R.S.A. § 4452.
