Kennebunkport City Zoning Code
ARTICLE 6
Town-Wide Regulations
§ 240-6.1 General provisions.
[Amended 6-10-2025]
A.
No structures shall be erected or used, and no lot shall be used or divided, unless in conformity with the provisions of this chapter. All structures and lots, and uses of structures and lots, which fail to conform with the provisions of this chapter are prohibited, except as provided herein.
B.
All structures, as defined in this chapter, shall be required to meet dimensional setback requirements unless exempted as set forth below: (Setbacks and/or restrictions may differ in the Shoreland and Resource Protection Zones.)
(1)
The following structures shall be exempt from meeting the front, side and rear property line setbacks except where prohibited in the Shoreland and Resource Protection Zones:
(a)
Any combination of materials covering less than 10 square feet constructed or erected above, below or upon the surface of the ground or water such as mailboxes, light poles and the like;
(b)
Walls or fences;
(d)
A retractable awning or shade used solely to screen a door or window;
(e)
Backyard tent used for sleeping;
(f)
An enclosed, self-contained portable toilet, such as a "Portapotty" by Portables, Inc. and the like placed on a site for less than six months per calendar year or as long as necessary for approved construction.
(g)
Exterior stairs to access/egress the first floor of a residential structure.
(2)
The following structures shall be exempt from meeting setback requirements from any wetlands or from the normal high-water mark of water bodies in all zones including the Shoreland and Resource Protection Zones. Any structures other than those listed below shall be required to meet any required setbacks from bodies of water or wetlands.
(a)
A temporary ramp, placed on a site for less than six months per calendar year, and used for the purpose of providing public access to publicly owned property in accordance with the Americans with Disabilities Act.
C.
When a lot is situated in part in the Town of Kennebunkport and in part in an adjacent municipality, the provisions of this chapter shall be applied to that portion of such lot as lies in the Town of Kennebunkport in the same manner as if the entire lot were situated in Kennebunkport.
D.
When a lot is divided by a zone boundary, the requirements and standards of this chapter shall apply as follows:
(1)
When the lot area is equal to or less than 20,000 square feet, the provisions of the more restrictive zone shall apply to the lot as a whole.
(2)
When the lot area is more than 20,000 square feet, the provisions of this chapter which apply to the larger portion of the lot may be applied to that part of the smaller portion of the lot which is within 30 feet of the zone boundary.
E.
No part of any lot which is below the normal high-water mark of any body of water, no part of any lot which is part of a right-of-way, other than utility easements servicing the lot or tree maintenance easements granted to the Town, and also excluding lands which are below the normal high-water mark of any body of water or wetlands, as defined by this chapter, regardless of size, shall be used for the purpose of computing lot area or any size, setback, frontage, or density requirement of this chapter.
F.
Land within the lines of a right-of-way or street on which a lot abuts shall not be counted as part of such lot for the purpose of meeting the area requirements of this chapter even though the fee to such land may be in the owner of such lot.
G.
No new lot may be created with less than the minimum lot area, as defined in this chapter, that is required for the zone in which it is located. No part of any lot that is excluded from the gross lot area shall be used for the purpose of computing lot area or any size, setback, frontage or density requirement of this chapter. This section is not intended to circumvent the operation of laws relating to preexisting nonconformities or other laws affecting the use and/or development of lots that do not meet the current minimum lot size requirements in this chapter.
H.
If a lot in separate ownership is reduced in area or dimension below the minimum lot size or lot width requirements of this chapter as a result of the taking of a portion of the lot by eminent domain, or a result of a conveyance of a portion of the lot for a purpose for which the land could have been taken by eminent domain, such transfer shall not be deemed to violate the minimum lot size or minimum lot width requirements of this chapter; and the portion of the lot remaining after the transfer may be used for any use permitted in the applicable zone, provided that applicable setback, lot coverage and building dimensional requirements are met. An existing structure located on the remaining portion of such a lot may be expanded or enlarged, provided that the expansion or enlargement complies with applicable setback and dimensional requirements and does not result in a violation of lot coverage requirements.
§ 240-6.2 Height restrictions.
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.
§ 240-6.3 Soil suitability.
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.
§ 240-6.4 Water quality.
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.
§ 240-6.5 Dust, fumes, vapors and gases.
A.
Emission of dust, dirt, fly ash, fumes, vapors or gases, which could damage human health, animals, vegetation, or property, or which could soil or stain persons or property, at any point beyond the lot line of a commercial or industrial establishment creating such emission, shall be prohibited.
B.
No land use or building shall produce offensive or harmful odors perceptible beyond the lot lines so as to create a public or private nuisance.
§ 240-6.6 Explosive materials.
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.
§ 240-6.7 Construction in flood hazard areas.
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.
§ 240-6.8 Outdoor display.
A.
No merchandise, banners, displays or similar objects shall be permitted on or about the outside of structures except signs permitted by § 240-6.12 of this chapter and yard sales on residential property for no more than three days in any ninety-day period.
B.
Upon application by an association representing merchants in any particular district, the Code Enforcement Officer may permit the outside display of merchandise for no longer than three consecutive days in any ninety-day period for special promotional events involving more than three merchants.
§ 240-6.9 Off-street parking and loading, nonresidential.
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.
§ 240-6.10 Residential parking standards.
A.
Each single-family dwelling shall be provided with two off-street parking spaces. Accessory apartments are not required to have additional off-street parking.
[Amended 6-13-2023]
C.
Off-street parking shall be provided for elder-care facilities in accordance with the following schedule:
(1)
One space for each employee on the shift with the greatest number of employees; plus
(2)
One space for each independent living unit in which the occupant receives no supportive services; plus
(3)
One space for every two congregate living or similar units in which the occupant receives only a basic level of supportive services; plus
(4)
One space for every three assisted-living or similar units or beds in a nursing home in which the occupant receives a high level of supportive services.
D.
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.
F.
Parking for a residential rental accommodation shall include one additional off-street parking space per room rented, in addition to the minimum parking spaces required for the dwelling unit.
G.
An affordable housing development must provide a minimum of two off-street parking spaces per three dwelling units. If fractional results occur, the minimum number of off-street parking spaces are rounded up to the nearest whole number.
[Added 6-11-2024]
§ 240-6.11 Sanitary and potability provisions.
[Amended 6-11-2024]
A.
Connection to public facilities. All plumbing shall be connected to public collection and treatment facilities when required by other ordinances.
B.
Subsurface sewage disposal. No plumbing permit shall be issued for a subsurface disposal system unless:
(1)
The system meets the requirements of the State of Maine Subsurface Wastewater Disposal Rules, 10-144 CMR Chapter 241; a second disposal site that meets the state rules is not required unless mandated by other law. Any such site shall be shown on the permit application as a reserve area and be set aside on the plot plan for possible future use as a disposal site; and
(2)
Any other optional provisions adopted by the Town have been complied with.
C.
State housing law wastewater disposal and potable water requirements. Prior to issuing a certificate of occupancy pursuant to § 240-11.8 of this chapter, the owner of a dwelling unit, accessory apartment, or unit within an affordable housing development must provide written verification to the Code Enforcement Officer that the unit is connected to adequate water and wastewater services, as required by the Maine Department of Economic and Community Development (DECD) Municipal Land Use and Zoning Ordinance Rule, codified at 19-100 C.M.R. ch. 5, as amended. Any tests of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use. The written verification required by this Subsection C shall apply only to the extent such written verification is required by 30-A M.R.S.A. §§ 4364(5), 4364 A(4), or 4364-B(7). The Code Enforcement Officer and Planning Board may condition any permits or approvals on such written verification.
§ 240-6.12 Signs and billboards.
[Amended 6-14-2022]
A.
General. Permanent and temporary signage within the Town of Kennebunkport shall be subject to the standards set forth in this section. Signage within the Town of Kennebunkport shall also be subject to the permitting requirements set forth in § 240-11.2G.
B.
Official business directional and off-premises signs. Official business directional signs as defined in 23 M.R.S.A. § 1903, off-premises directional signs, and signs advertising commercial uses that are located on premises other than the premises upon which the sign is located shall not be permitted. Official business directional signs, and off-premises directional signs not larger than six inches in width and 24 inches in length are permitted on posts provided for that purpose by the Town without the necessity of a permit. Such directional signs shall be placed on the Town posts on a space-available basis.
C.
Performance standards for permanent signs.
(1)
No sign shall be erected adjacent to any public way in such a manner as to obstruct clear and free vision or where, by reason of its position, shape, color, illumination or working, the sign or billboard may interfere with, obstruct the view of, or be confused with any authorized sign, signal or device, or otherwise constitute a hazard to pedestrian or vehicular traffic.
(2)
Roof-mounted signs are prohibited.
(3)
No sign or portion of a sign structure shall exceed 20 feet in height measured from the adjacent road surface.
(4)
Illuminated signs shall be permitted, subject to the following restrictions and prohibitions:
(5)
In all zones:
(a)
Signs erected on nonresidential properties shall conform to the requirements set forth in Subsection H, Table A. The allowable number and dimensions of signage on a nonresidential property shall be calculated based upon the gross square footage of floor space that is owned or leased by the sign permit applicant within the structure(s) located on the nonresidential property for which a sign permit is sought.
(6)
All signs overhanging a sidewalk or public way shall be no less than 10 feet from the surface of the pavement.
(7)
No signs shall be posted on trees which are under the jurisdiction of the Tree Warden of the Town.
(8)
The area of a sign shall be calculated by measuring the area of the smallest rectangle capable of enclosing the sign in every plane. If a three-dimensional sign has a depth of more than one foot, the area of the sign shall be calculated by measuring the total surface area of the smallest box capable of enclosing the entire sign.
(9)
Window lettering displaying information such as business name, hours of operation, website, etc., is permitted to occupy up to 35% of the glazed area per window. Lettering governed by this subsection shall not be considered signage for purposes of calculating the area of allowable square footage or number of signs. (See Subsection H.)
(10)
Signs erected or installed in the interior of a structure which form an integral part of a bona fide window display which is related to merchandise or services available within the structure shall not be considered signs for purposes related to this section.
D.
Number and location of signs.
(1)
Except as expressly prohibited under this chapter, in all zones, sign(s) may be attached or affixed to buildings. Freestanding signs shall be limited based on the specifications set forth in this chapter.
(2)
No freestanding sign shall be located within five feet of the lot line adjacent to the street. However, a setback of less than five feet is permitted upon prior written approval by the Chief of Police after a determination that the sign does not create any sight distance or safety issues.
E.
Home occupations signs. One sign identifying the name, address and profession of a permitted home occupation or a lawfully existing nonconforming home occupation shall be allowed, provided such sign does not exceed two square feet in area and is not illuminated.
F.
Temporary signs.
(1)
Temporary signs placed within public right-of-way. Temporary signs placed within the public right-of-way shall conform to the provisions of 23 M.R.S. § 1913-A.
(2)
Temporary signs placed outside the public right-of-way. Temporary signs placed outside of the public right-of-way shall not exceed six square feet in area, and may be posted in any zone without a permit from the Code Enforcement Officer for no longer than 90 days. Temporary signs specified in this section shall not be attached to fences, trees, utility poles, or the like and shall not be placed in a position that will obstruct or impair vision or traffic or in any manner create a hazard or disturbance to the health and welfare of the general public.
(3)
Street banners may exceed six square feet but be no larger than 50 square feet.
(4)
Temporary signs do not require a permit but must conform to all provisions of this chapter.
G.
The above regulations shall not apply to the following:
(1)
Flags and insignia of any government, flags placed within brackets mounted to permanent residential and nonresidential structures, and freestanding flags that are not affixed to any structure.
(2)
Traffic control signs, signs designating route numbers or other informational signs erected or required by governmental bodies.
(3)
Integral decorative or architectural features of buildings except letters, trademarks, moving parts, or moving or flashing lights.
(4)
Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
(5)
Signs posting property as private, and/or no trespass signs.
H.
Sign dimensions and number for permanent signs located on nonresidential and residential properties.
Table A: Signage for Commercial Properties | ||||
|---|---|---|---|---|
Nonresidential Unit Size (gross square footage) | ||||
0 to 500 | 500 to 1,000 | 1,000 to 2,500 | 2,500+ | |
Window lettering (percentage of window covered) | 35% | 35% | 35% | 35% |
Window display | Permitted | Permitted | Permitted | Permitted |
Menu (square footage), restaurant/takeout only | 15 | 15 | 20 | 20 |
Total square footage of signage (excluding window lettering, window displays and menus) for all zones | 50 | 70 | 90 | 100 |
Maximum gross area per sign in all zones (square feet) | 20 | 20 | 30 | 40 |
Number of attached signs | 2 | 3 | 3 | 4 |
Number of freestanding signs | 1 | 1 | 2 | 2 |
Temporary sale, special events, daily menu (10 square feet) | 1 | 1 | 2 | 2 |
Table B: Signage for Residential Properties | |
|---|---|
Residential Property Signage (One permanent sign per residential property) | |
Total square footage of signage for all zones | 20 |
Total number of attached and freestanding signs for all zones | 1 |
I.
Nonconforming signs. Any permanent sign in place prior to June 14, 2022, and not in conformance with this section may remain in place. Nonconforming permanent signs may be replaced after approval and issuance of a permit from the Code Enforcement Officer pursuant to § 240-11.2G. If a nonconforming permanent sign is removed, and is not replaced, for a period of six months, then the Code Enforcement Officer may only approve, and issue a permit for, a new permanent sign that conforms to the provisions of this section.
§ 240-6.13 Tillage of soil.
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.
§ 240-6.14 Road construction, filling and grading.
A.
On lots greater than five acres in area, the construction of a road, or grading or filling of the land may not commence prior to site plan review under Article 10, unless the planned land use is to serve no more than two residential units, or a use accessory to an existing single-family home. On lots of five acres or less, and on any lot when the planned use is to serve no more than two residential units, or a use accessory to an existing single-family home, such construction, grading or filling requires a permit from the Code Enforcement Officer.
B.
A driveway/private road over 50 feet long for a single-family or two-family dwelling that the Code Enforcement Officer may permit, shall not be less than 12 feet wide, with a minimum five-foot setback from the lot line.
C.
A driveway/private road for a three-unit multiplex, or for three detached dwellings, must be approved by the Planning Board, and the right-of-way shall not be less than two rods (which is 33 feet) in width. The traveled way shall not be less than 16 feet in width of gravel, of hard, durable particles free from vegetative matter, 16 inches thick after compaction. Drainage swales must have slopes no steeper than 3:1. The center line of the roadway shall not be more than three feet off the center line of the right-of-way.
D.
A driveway/private road for four or more detached dwellings must be approved by the Planning Board, and the right-of-way shall not be less than 50 feet in width. The traveled way shall not be less than 20 feet in width of gravel, of hard, durable particles free from vegetative matter, 16 inches thick after compaction. Drainage swales must have slopes no steeper than 3:1. The center line of the roadway shall not be more than three feet off the center line of the right-of-way. See the table and exhibits in Subsection F for dimensions and hammerhead/cul-de-sac design standards.
[Amended 6-13-2023]
E.
The Planning Board may reduce or modify the driveway/private road standards where strict adherence to the limitations cannot be met when considering a preexisting right-of-way, or cannot be met due to environmental concerns. In addition, during the course of its review the Planning Board may consult with the Code Enforcement Officer and the Fire Chief regarding emergency equipment access requirements for new and expanded existing private roads. If such a modification(s) is approved, the Planning Board shall include the modification(s) in the site plan review's written findings of fact, and the applicant shall record the findings of fact with the York County Registry of Deeds before commencing any work or before receiving a building or land use activity permit from the Code Enforcement Officer.
[Amended 6-13-2023]
F.
Dimensional standards.
[Added 6-13-2023]
Table of Dimensional Standards | |||
|---|---|---|---|
Residential Use | Minimum ROW (feet) | Minimum Traveled Width (feet) | Permitting Authority |
Up to: 2 single-family dwellings or 1 two-family dwelling | 22 | 12 | CEO |
3 detached dwellings, or 3-unit multiplex | 33 | 16 | PB |
4 or more detached dwellings or residential dwelling units | 50 | 20 | PB |
 |
 |
 |
§ 240-6.15 Entrance to public ways.
A.
Permit requirement. Any person proposing an entry to a public way shall fill out an application for a permit clearly describing such entry, whether or not further development or use is a part of that application. The grant or denial of a permit request for an entry to a public way may be appealed to the Zoning Board of Appeals as an administrative appeal.
B.
In considering an application including an entrance to a public way, the Code Enforcement Officer, in cooperation with other agencies of the Town, including fire, police and highway, shall apply the following criteria:
(1)
When an entrance and exit driveway or curb cut serves a residential use:
(a)
The width of said entrance or exit at its entrance to the public way shall not be less than 10 feet nor more than 20 feet.
(b)
No such driveway, entrance or curb cut shall be located within 20 feet of any intersection of ways at its entry to a public way.
(c)
The Code Enforcement Officer shall consider traffic volume and conditions, both vehicle and pedestrian, on the public way into which entrance is sought.
(d)
The Code Enforcement Officer shall determine that there is no obstruction to the view of any person using said proposed driveway or curb cut.
(2)
When an entrance and exit driveway or curb cut serves a business, commercial or industrial use:
(a)
The width of said entrance or exit at its entrance to the public way shall be not less than 10 feet nor more than 26 feet, except for direct access to parking for libraries in the Village Residential Zone, approved by the Planning Board, in which event, said width shall be as approved by the Planning Board.
(b)
Whenever possible, no such entrance or exit at its entrance to the public way shall be located within 200 feet of any intersection, similar entry or exit, or within a like distance as measured along a public way from any playground, school, church, hospital, place of public assembly, fire station or other municipal structure.
C.
Minimum sight distance required. After November 4, 2003, no property owner may erect any structure, fence, wall, or sign or install any landscaping features that would diminish any existing driveway's sight distance below a minimum sight distance of at least 10 feet for every mile per hour of posted speed limit on the street. Sight distance shall be measured from the driver's seat of a vehicle that is located 10 feet behind the curb or edge of the shoulder line of the street, with the height of the driver's eye 3.5 feet above the pavement, to an object with a height of 4.25 feet, located within any travel lane of the street. The minimum sight distance requirement shall apply, regardless of whether said driveway is located on the property owner's own property or on a different property.
§ 240-6.16 Sound pressure levels.
A.
The maximum permissible sound pressure level of any continuous, repetitive or frequent source of sound produced by any activity shall be established for daily time periods as set forth below. Sound pressure levels shall be measured at or beyond the lot lines of the lot on which the source of the sound is located at a height of at least four feet above the surface of the ground or water.
B.
Sound shall be measured with a sound level meter meeting the Type 1 or 2 performance requirements of the American National Standards Institute (ANSI S1.4-1983), American National Standard Specifications for Sound Level Meters. Sound levels shall be measured by the maximum reading on a sound level meter set to the A- or C-weighted scale and the slow response.
C.
No person shall engage in, cause or permit construction activities on a site abutting any residential use between the hours of 10:00 p.m. one day and 7:00 a.m. of the following day in violation of the sound pressure level limits established under this section.
D.
The following uses and activities shall be exempt from sound pressure level regulation under this section:
(1)
Railroad equipment which is subject to federal noise regulations.
(2)
Aircraft operations which are subject to federal noise regulations.
(3)
Registered and inspected vehicles.
(4)
Watercraft.
(5)
Bells, chimes and carillons.
(6)
Occasional sporting, cultural, religious or public events allowed by the Town.
(7)
The unamplified human voice and other sounds of natural origin.
(8)
Farming, fishing and aquacultural activity.
(9)
Forest management, harvesting and transportation activities.
(10)
Operation of lawn mowers, snow blowers, chain saws and garden tractors.
(11)
Snow removal, landscape and street sweeping activities.
(12)
Emergency maintenance and repairs.
(13)
Warning signals and alarms.
(14)
Safety and protective devices installed in accordance with code requirements.
(15)
Test operations of emergency equipment occurring in the daytime and no more frequently than once per week.
(16)
Boiler startup, testing and maintenance operations occurring no more frequently than once per month.
(17)
A force majeure event and other causes not reasonably within the control of the owners or operators of the source of the sound.
(18)
Blasting in connection with construction projects between the hours of 7:00 a.m. and 7:00 p.m.
(19)
Other noises created by construction activities between 7:00 a.m. and 10:00 p.m.
§ 240-6.17 Blasting.
A.
No blasting shall be done as part of any excavation or mineral extraction operation, nor as part of any approved construction activity, without first obtaining a permit to blast from the Code Enforcement Officer pursuant to this section.
B.
The application for a permit to blast shall include:
[Amended 11-3-2020]
(1)
A completed application form for a permit to blast;
(2)
A site plan showing where the blasting will take place;
(3)
A statement of the purposes and extent of the blasting, further indicating the approximate dates and times the blasting will occur;
(4)
Identification by name, address, and telephone number of the entity that will actually perform the blasting operation;
(5)
Proof that the entity applying for the permit to blast is properly licensed by the State of Maine and in compliance with 25 M.R.S.A. § 2471 et seq. and State Fire Marshal Rules, Chapter 31, and any other applicable state statutes and regulations;
(6)
Evidence that notice of the proposed blasting operation has been sent by certified mail to all landowners abutting the subject property of the application within 500 feet of the proposed blast site. Said notice shall indicate the location of the proposed blasting; approximate date and times that blasting will occur; and name, address, and telephone number of the entity that will actually perform the blasting operation; and
C.
The Code Enforcement Officer shall issue a permit to blast within 10 days of the receipt of a complete application form, fee, and all supporting evidence as set forth above.
§ 240-6.18 Maine Uniform Building and Energy Code.
A.
The Town of Kennebunkport adopts and enforces the Maine Uniform Building and Energy Code ("MUBEC"), as authorized by 10 M.R.S.A. § 9724, Subsection 1-A. The Code Enforcement Officer of the Town of Kennebunkport shall serve as the Building Official as defined in 25 M.R.S.A. § 2371 and shall be responsible for issuing building permits and certificates of occupancy. The Code Enforcement Officer shall be responsible for inspecting all permitted construction for compliance with all components of MUBEC, as such components may be revised from time to time. Administration and enforcement of MUBEC, including permits, fees, violations, penalties and appeals, shall be in accordance with MUBEC along with Article 11 of this chapter.
B.
Any person who violates a provision of this code or fails to comply with any of the requirements thereof, or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the chapter, shall be subject to penalties in accordance with 30-A M.R.S.A. § 4452. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
C.
The fee for a building permit and certificate of occupancy hereunder shall be as specified in § 240-11.6.
D.
This section and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall be effective June 12, 2012.
§ 240-6.19 Dwellings.
A.
Single-family dwellings. A single-family dwelling and any accessory apartment located therein shall be constructed on one continuous foundation and under one continuous roof; no part of the dwelling unit shall be located in a detached building or structure. Detached accessory apartment units shall be exempt from this requirement.
[Amended 6-13-2023]
B.
Two-family dwellings. Each unit in a two-family dwelling shall have not less than 650 square feet. The two-family dwelling shall have only one front entrance, and all other entrances shall be on the side or in the rear of the dwelling. An entrance leading to a foyer with entrances leading from the foyer to the two dwelling units is permitted. One dwelling shall be subordinate in size. A home occupation shall not be permitted in the subordinate unit. A two-family dwelling shall be constructed on one continuous foundation and under one continuous roof; no part of the dwelling units shall be located in a detached building or structure.