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.
G. Placement of signs. Placement of signs except temporary signs described in §
240-6.12F.
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.
J. Entrance to public ways. Entrance to public ways, as described in §
240-6.15.
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.
[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.
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.