Kennebunkport City Zoning Code
ARTICLE 11
Administration
§ 240-11.1 Code Enforcement Officer.
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.
§ 240-11.2 Permit required.
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.
§ 240-11.3 Permit not required.
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:
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.
§ 240-11.4 Permit procedure.
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.
§ 240-11.5 Suspension and revocation of permits.
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.
§ 240-11.6 Fees.
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.
§ 240-11.7 Expiration of building or use permits and approvals.
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.
§ 240-11.8 Certificate of occupancy.
[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.
§ 240-11.9 Violations and legal action.
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]
§ 240-11.10 Violations and penalties.
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.
§ 240-11.11 Publication of building permits.
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.
§ 240-11.12 Growth management permit required.
[Amended 11-3-2020; 6-10-2025]
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.
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 four 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 four 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.