[HISTORY: Adopted by the Town of Kennebunkport 6-13-2006. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Condominium Conversion Ordinance of the Town of Kennebunkport."
The purpose of this chapter is to protect the public health, safety, and welfare by regulating proposed condominium conversions in Kennebunkport to protect the public from fraud or duress and to ensure compliance of such proposed condominium conversions with all applicable laws, regulations and ordinances.
Authority to enact is found generally under Maine Home Rule authority and 33 M.R.S.A. § 1604-111(f).
As of date of passage, any existing structure or property which is converted to condominium ownership in accordance with the provisions of the Maine Condominium Act, Title 33, Chapter 31, regardless of whether or not there is any proposed change in use or any proposed physical change in the structure or property, shall be required to obtain a condominium conversion permit from the Code Enforcement Officer.
A. 
The Code Enforcement Officer, with the assistance of the Town Attorney, the Town's planning consultant and/or other independent consultant or expert, as necessary, shall review the proposed condominium declaration and any drawings or supporting documents, and shall only approve the condominium conversion permit upon finding that the declaration is worded in a way that will ensure that the prospective condominium owner will be thoroughly informed of the permitted use of their property and any restrictions placed upon its use by Chapter 240, Land Use, Chapter 415, Subdivision Regulations, Planning Board conditions of approval, or other applicable Town codes or Town license restrictions.
B. 
The permit application fee for a condominium conversion permit shall be as set by the Board of Selectmen. In addition, the applicant shall pay a fee of $1,500 to be deposited in a special account designated for that condominium conversion permit application to be used by the Code Enforcement Officer for hiring independent consulting services to review the application. If the balance in this special account is drawn down by 75%, the Code Enforcement Officer shall notify the applicant and require that an additional $750 be deposited by the applicant. The Code Enforcement Officer shall continue to notify the applicant and require an additional $750 be deposited as necessary whenever the balance of the account is drawn down by 75% of the original deposit.
[Amended 11-3-2020]
C. 
Any balance in the account remaining after a decision on the condominium conversion permit application by the Code Enforcement Officer shall be returned to the applicant.
Filing of a condominium declaration converting an existing structure or property to condominium ownership prior to obtaining a condominium conversion permit shall be considered a violation of this chapter. In addition to any court ordered injunctive relief, violation of this chapter shall be deemed a land use violation for which fines and attorneys' fees shall be allowed under 30-A M.R.S.A. § 4452.