In the Village Residential, Village Residential East, Cape Arundel,
Free Enterprise and Farm and Forest Zones, no structure or building
shall exceed 2 1/2 stories or 35 feet in building height as measured
from the average elevation of the original ground level on all sides
within 20 feet of the building, not including such building features
as chimneys, decorative cupolas, spires or similar non-inhabitable
appurtenances. In the Dock Square, Riverfront, Goose Rocks, Cape Porpoise
East, Cape Porpoise Square and Cape Porpoise West Zones, no structure
or building shall exceed 2 1/2 stories or 30 feet in building
height as measured from the average elevation of the original ground
level on all sides within 20 feet of the building, not including such
building features as chimneys, decorative cupolas, spires or similar
non-inhabitable appurtenances. These restrictions shall not apply
to farm buildings not used for human habitation, municipal salt or
sand sheds, church steeples, water towers, flagpoles, windmills, or
antennas, provided that such structures are not used for human occupancy
and are set back from all property lines a distance at least equal
to their height.
In all districts, the approval of building permit applications
shall be subject to evidence of satisfactory subsurface soil conditions
for drainage and sewage disposal, and where on-site septic disposal
is proposed, shall be subject to presentation of a completed site
evaluation form (HHE-200) which evidences adequate soil conditions
for sewage disposal prior to issuance of a building permit. As of
June 13, 2006, any lot that has not received prior Planning Board
review and approval must be served by a septic system located entirely
within its boundaries.
No activity shall locate, store, discharge, or permit the discharge
of any treated, untreated or inadequately treated liquid, gaseous,
or solid materials of such nature, quality, obnoxiousness, toxicity,
or temperature that run off, seep, percolate, or wash into surface
or groundwaters so as to contaminate, pollute, or harm such waters
or cause nuisances, such as objectionable shore deposits, floating
or submerged debris, oil or scum, color, odor, taste, or unsightliness,
or be harmful to human, animal, plant or aquatic life.
All flammable or explosive liquids, solids or gases shall be
stored in a manner and location which is in compliance with the rules
and regulations of the Maine Department of Public Safety and other
federal and state regulations.
In areas designated within the one-hundred-year floodplain, all new construction, additions, and modifications to existing structures, including piers, docks, wharves, bridges and causeways, shall conform to Chapter
219, Floodplain Management.
Except in the Dock Square Zone, the following standards shall
apply to all new uses or establishments, and also to all existing
uses or establishments which expand or increase their volume or intensity
of use, whether such expansion occurs inside or outside of a building.
All new or enlarged off-street parking, loading or vehicular service
facilities, including driveways, shall also conform to this section.
A. Required off-street parking for all land uses shall be located on
the same lot as the principal building or facility or within 100 feet
measured along lines of access.
B. The Planning Board may approve the joint use of a parking facility
by two or more principal buildings or uses where it is clearly demonstrated
that said parking facility would substantially meet the intent of
the requirements of this chapter by reason of variation in the probable
time of maximum use by patrons or employees of such establishments
and where said parking facility is located within 100 feet of each
establishment.
C. Parking spaces shall be provided as required and made available for use before the issuance of any certificate of occupancy under §
240-11.8.
[Amended 11-3-2020]
D. All parking areas shall be located off the street so that vehicles
can be turned around without backing into the street.
E. Loading facilities shall be located so that trucks, trailers, and
containers shall not be parked upon any Town way. The following loading
requirements shall be met:
(1)
Office buildings, hotels and motels with a gross floor area
of more than 100,000 square feet require one bay.
(2)
Retail, wholesale, warehouse and manufacturing operations with
a gross floor area of more than 5,000 square feet require the following:
5,001 to 40,000 square feet
|
1 bay
|
40,001 to 100,000 square feet
|
2 bays
|
100,001 to 160,001 square feet
|
3 bays
|
160,001 to 240,000 square feet
|
4 bays
|
240,001 to 320,000 square feet
|
5 bays
|
320,001 to 400,000 square feet
|
6 bays
|
(3)
Each 90,000 square feet over 400,000 square feet requires one
additional bay.
F. Off-street parking, either by means of open air spaces or by garage
space, in addition to being a permitted use, shall be considered as
an accessory use when required or provided to serve conforming uses
located in any district.
G. The following minimum off-street parking requirements shall be provided
and maintained:
[Amended 11-3-2020]
Use
|
Minimum Required Parking
|
---|
Boatyards
|
1 space per employee
|
Campgrounds
|
1 space per campsite
|
Child-care centers
|
1 space per 4 children
|
Churches, theaters, auditoriums and clubs
|
1 space per 3 seats or for every 100 square feet of assemblage
space if no fixed seats
|
Commercial centers, commercial complexes, retail businesses
and ship chandleries
|
1 space per 200 square feet of floor area used for retail area
or used for retail trade or display
|
Financial institutions
|
1 space per 150 square feet of floor area
|
Funeral homes
|
1 space per 2 seats
|
Health institutions
|
1 space per 3 beds
|
Hotels, motels and inns
|
1 space per sleeping room
|
Libraries, municipal buildings, museums and public utilities
|
1 space per 600 square feet of floor area
|
Manufacturing
|
1 space per employee based on the largest number of employees
at any time
|
Marinas
|
1 space per slip
|
Marine transport services
|
1 space per 2 passengers of capacity
|
Medical offices
|
1 space per 100 square feet of floor area
|
Professional and business offices (other than medical)
|
1 space per 200 square feet of floor area
|
Public libraries in the Village Residential Zone
|
1 space per 800 square feet of floor area without any requirement
for employee parking
|
Residential mixed use
|
Parking for the nonresidential component based on the requirements
listed in this section
|
Restaurants and eating and drinking establishments
|
1 space per 3 seats
|
Schools
|
5 spaces per room used for purpose of instruction
|
Warehouses and wholesaling operations
|
1 space per employee based on the largest number of employees
at any time
|
H. One space for every two employees on the largest shift shall be provided
in addition to the above requirements, unless these requirements reference
the number of employees.
I. For any structure or use not specifically provided for in Subsection
G above, the Planning Board shall determine the number of off-street parking spaces required in order that the necessity of parking in the street may be eliminated.
J. Where floor area is to be used in calculating the number of required
spaces, gross floor area shall be used unless otherwise noted.
K. Where not enclosed in a building and unless otherwise permitted by the Kennebunkport Planning Board in the course of site plan review of libraries in the Village Residential Zone, off-street parking and loading spaces shall be screened from view by a continuous landscaped area not less than six feet in width, forming a visual barrier not less than five feet in height along all public streets and exterior lot lines adjacent to residential uses, except that driveways shall be kept open as required in §
240-10.7B(1)(d).
L. All applications for building permits for nonresidential uses shall
include an off-street parking and loading plan showing all elements
necessary to indicate that the requirements above are fulfilled.
M. Unless otherwise permitted by the Kennebunkport Planning Board in
the course of site plan review of libraries in the Village Residential
Zone, parking spaces shall have a minimum width of 10 feet and a minimum
length of 20 feet when angular parking is permitted, the minimum width
being measured along an imaginary line perpendicular to the lines
marking the length of the space, and minimum length then being measured
from that imaginary line parallel to the lines marking the spaces.
In addition, parking area access lanes shall be a minimum of 12 feet
wide for one-way driving lanes and a minimum of 20 feet wide for two-way
driving lanes. Access lane widths are to be calculated from the end
of the stripes in one bank of spaces to the end of stripes in the
bank of spaces directly across the access lane. Spaces designated
for use by the handicapped must be no less than the 12 feet wide and
no less than 20 feet long.
N. Any parking accessory to a community use, where the principal community use was in existence on November 4, 2003, shall be exempted from the requirements of Subsection
D (no backing into the street) and from the requirements of Subsection
K (screening), but shall not be exempted from the other requirements in this section or from the site plan review requirements of Article 10, where applicable. Such accessory parking to a community use may be offered to the general public during hours when the community use is not in full operation, with the prior authorization of the Board of Selectmen. If so authorized, such parking for the general public during hours when the community use is not in full operation shall not be considered a separate use, notwithstanding the requirements of Article 4.
[Amended 11-3-2020]
O. Any temporary overflow public parking, as defined by this chapter,
shall be exempted from the requirements of this section. Such temporary
overflow public parking may be offered to the general public only
with the prior authorization of the Board of Selectmen, for a maximum
of 24 days per year per site, on property owned, operated or controlled
by the Town of Kennebunkport. If so authorized, such temporary overflow
public parking shall not be considered a separate principal use, notwithstanding
the requirements of Article 4.
[Amended 11-3-2020]
P. Parking spaces must be composed of sufficient impervious or semipervious
material (e.g., asphalt, concrete, composites, gravel) to support
a vehicle in all conditions. Semipervious materials such as "grass
pavers" or similar materials can be used.
Where soil in excess of 20,000 square feet is tilled, such tillage
shall be carried out in conformance with the provisions of a Conservation
Plan which meets the standards of the State Department of Agriculture,
Conservation and Forestry and is approved by the York County Soil
and Water Conservation District. The number of the plan shall be filed
with the Planning Board. Nonconformance with the provisions of such
Conservation Plan shall be considered to be a violation of this chapter.