This chapter shall be known and may be cited as the "Kennebunkport Land Use Ordinance" and will be referred to herein as "this chapter."

This chapter and its regulations are designed for all the purposes of zoning embraced in Maine Revised Statutes, among other things: to promote and conserve the health, safety, convenience, and welfare of the inhabitants; to encourage the most appropriate interrelationships of land uses and groups of land uses in the various parts of the Town; to secure safety from fire, panic, epidemics, flooding and other dangers; to provide adequate access of light and air; to prevent overcrowding of real estate; to lessen congestion in the streets; to facilitate the adequate provision of transportation, water, sanitary facilities, schools, parks and other public requirements, and to preserve and increase amenities throughout the Town of Kennebunkport. This chapter has been amended to comply with the Mandatory Shoreland Zoning Act[1] and DEP Minimum Shoreland Zoning Guidelines to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas. This chapter has been further amended, consistent with the State Housing Law,[2] to affirmatively further the purposes of the Federal Fair Housing Act, 42 U.S.C. ch. 45, as amended, and the Maine Human Rights Act, 5 M.R.S.A. ch. 337, to achieve the applicable statewide or regional housing production goal established by the Maine Department of Economic and Community Development.

Under the authority of 30-A M.R.S.A. §§ 2691, 3001 and 4352 to 4358 and 38 M.R.S.A. §§ 435 to 449, any other enabling statutes, and all amendments thereto, the Town of Kennebunkport hereby regulates pursuant to this chapter the inspection, materials, construction, demolition, alteration, repair, height, bulk, area, ground coverage, location and use of buildings and structures, and the use of land throughout the Town and also hereby divides the Town into zones.

In general, this chapter is complementary to other Town ordinances affecting the use, height, area and location of buildings and the use of land, but whenever a provision of this chapter conflicts with or is inconsistent with another provision of this chapter, or other Town ordinances, or where there is a conflict between this chapter and any other federal, state or local rule, regulation, ordinance, statute or other restriction, the more restrictive provision shall control.

The invalidity of any section or provision of this chapter shall not affect the validity of any other section or provision of this chapter.

A certified copy of this chapter shall be filed with the Municipal Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this chapter shall be posted.

It is the intent of this chapter that any use not specifically allowed as either a permitted use or conditional use is specifically prohibited.

This chapter shall become effective as soon as it receives a favorable vote of the voters of the Town.