A request for an accessory apartment requires submittal of a site plan that shall include the property owner with deed reference, lot boundaries and dimensions to scale and the location and setbacks of all buildings and parking areas.

A request for an accessory apartment shall include a plan of the entire building showing a separate floor layout of all finished levels identifying the use of all rooms and the location of all entrances/exits.

C. For an accessory apartment located within or attached to a single-family dwelling, the dwelling shall have only one front entrance and all other entrances shall be either on the side or in the rear of the dwelling or accessory apartment. An entrance leading to a foyer with interior entrances leading from the foyer to the accessory apartment and the single-family dwelling unit is permitted.

The living area of an accessory apartment shall be a minimum of 190 square feet, and a maximum of 800 square feet. An accessory apartment may not have any living space on a third story unless it meets the minimum life safety requirements as defined in the Building Code.

An accessory apartment is not permitted in the Shoreland Zone unless the lot on which it will be located has at least double the required minimum lot size and shore frontage.

No more than one accessory apartment shall be permitted on a lot containing one or more single-family dwelling.

An accessory apartment shall be occupied as a primary residence. ("Primary residence" shall be defined as more than six months per year.) An accessory apartment is not eligible to operate as a short-term rental.

An accessory apartment located on properties connected to the Town's wastewater collection system must be approved by the Sewer Department. Properties utilizing subsurface waste system and private wells must meet the standards required in the Maine Subsurface Wastewater Disposal Rules. In addition existing septic systems must be evaluated for condition and capacity by a licensed site evaluator. A reserve area is required for existing and new systems in the event that replacement is necessary. Biannual pump-outs of septic systems servicing the property are required and documentation must be provided to the Town upon request.

For an accessory apartment that is a separate structure or attached to a single-family dwelling, the proposal must comply with best management practices in managing stormwater for low-impact development, in accordance with the LID Guidance Manual for Maine Communities (Maine Department of Environmental Protection, Sep. 21, 2007).

An accessory apartment is an extension of a residential use and may not be independently conveyed except to the extent permitted by law.

Except as expressly provided in this section, an accessory apartment must comply with all other requirements of this Code, including but not limited to Article 6 and any shoreland zoning requirements.

All structures, including underground storage tanks, shall be no less than 50 feet from any property line.

Point of ingress and egress shall be located not less than 50 feet from the nearest intersecting street center lines, measured along the street center line.

All fuel storage tanks shall be located underground, and shall be constructed of fiberglass or corrosion protected steel.

Recreational vehicle and tenting areas shall meet the following criteria:

The areas intended for placement of recreational vehicles, tents or shelters, and utility and service buildings, shall be set back a minimum of 75 feet from the normal high water line of bodies of water and tributary streams and the upland edge of a freshwater or coastal wetland; and a minimum of 100 feet from the other exterior lot lines of the campground.

All campgrounds shall be screened from adjacent land areas by a continuous landscaped area not less than 25 feet in width containing evergreen shrubs, trees, fences, walls or any combination thereof which forms an effective visual barrier of not less than six feet in height.

Purpose. The purpose of Cluster Development shall be to encourage housing which will result in:

Uses permitted. The use of the land in a cluster development shall not differ from the uses permitted in the zone in which the plan is located; and all cluster developments shall meet the requirements of Chapter 415, Subdivision Regulations. The minimum site size for a cluster development shall be 10 acres in the Farm and Forest Zone and five acres in all other zones.

Lot size. Notwithstanding other provisions of this chapter relating to minimum lot size, lot width and setback in single-family detached dwelling developments, the Planning Board, in reviewing proposed residential developments, may modify said provisions related to minimum lot size, lot width and setback, to permit innovative approaches to housing and environmental design, provided that minimum requirements for shore frontage and setback from the normal high-water mark shall not be reduced under this section. The Planning Board may reduce minimum lot sizes under this section only if a net residential area at least equal in area to the cumulative lot size reduction is maintained as common open space, provided that the developer may request an open space density bonus in accordance with Subsection H of this section.

Open space. Where a cluster development abuts a body of water, a portion of the shoreline, as well as access to it, shall be a part of the common open space. Open space shall be owned either jointly or in common by the owners of the building lots, by a trust or association which has as its principal purpose the conservation or preservation of land in essentially its natural condition, or by the Town. Further subdivision of the common open space or its use for other than noncommercial recreation or conservation, except for easement for underground utilities, shall be prohibited by deed restrictions or recorded easements. Structures and buildings accessory to noncommercial recreation or conservation uses may be erected on common open space.

Water supply. All dwelling units in a cluster development shall be connected to a common water supply and distribution system, either public or private, unless the developer clearly demonstrates to the Planning Board that:

Waste disposal. All structures with required plumbing in the development shall be connected to a public sanitary sewer system if available, or to a private central collection and treatment system in accordance with minimum standards set forth in the State of Maine Plumbing Code, unless the developer shall clearly demonstrate to the Planning Board that:

Buildings. Buildings in cluster developments shall be oriented with respect to scenic vistas, natural landscape features, topography, and natural drainage areas, in accordance with an overall plan for site development and will be compatible in terms of physical size, visual impact, intensity of use, proximity to other structures, and density of development with other uses within the zone.

Open space and density bonus. The total area of common open space within the cluster development shall be equal to or exceed the sum of the areas by which any building lots are reduced below the minimum lot area normally required in the zone, except that the developer shall be entitled to a density bonus increasing the total number of building lots allowed in a proposed cluster development by 10% if more than 60% of the land in the cluster development is dedicated to common open space.

Procedure. The Planning Board shall review the proposed cluster development under the site plan review regulations in Article 10 simultaneously with its review of the development under Chapter 415, Subdivision Regulations.

Submissions.

Minimum lot size. An elder-care facility shall be located on a lot with a minimum lot area of 200,000 square feet.

Minimum lot width. The lot shall meet the minimum lot width requirement of the zone in which it is located.

Setbacks. An elder-care facility shall conform to the following setback requirements:

Height. Notwithstanding the provisions of § 240-6.2, Height restrictions, the height of all buildings associated with an elder-care facility shall be limited to a maximum of two stories and 30 feet. The Planning Board may permit an increase in the height to a maximum of 35 feet as part of the site plan review if the applicant demonstrates that the additional height is needed to accommodate a pitched roof, in accordance with Subsection G.

Density. The minimum lot area for each dwelling unit and each residential care unit in an elder-care facility shall be:

Sewer and water supply. All elder-care facilities shall be connected to the public sewer and water supply systems. No elder-care facility shall dispose of sewage by means of an on-site sewage disposal (septic) system or other private sewage disposal system.

Architectural appearance. All new construction of elder-care facilities shall have pitched roofs, which may include a gable roof, hip roof, or gambrel roof. If a gable roof or hip roof is used, the roof pitch shall be at least four feet in 12 feet. All new construction shall use exterior materials compatible with other structures in the surrounding area.

Buffering and landscaping.

Outdoor lighting. Outdoor lighting shall be compatible with the project's location. Outdoor lighting shall be designed to provide only the minimum lighting necessary to ensure adequate vision, safety, and comfort in pedestrian and vehicle areas and to not cause glare beyond the limits of the property boundaries. Lighting shall conform to Chapter 245, Lighting, Outdoor.

Any home occupation or profession which is accessory to and compatible with a residential use may be permitted as a conditional use by the Zoning Board of Appeals, provided that:

All home occupations shall conform with the following conditions:

Except in the Dock Square Zone where the minimum property line setbacks in § 240-4.5 shall apply, no part of any building used for a hotel, motel, bed-and-breakfast, or inn shall be closer than 40 feet to the property line, provided that any such building used for a hotel, motel, bed-and-breakfast, or inn constructed prior to January 1, 2015, shall be exempt from applicable dimensional requirements only to the extent necessary to achieve compliance with Americans with Disabilities Act (ADA) and life safety requirements for stairwells and elevator assemblies. An area of open space, not less than 20 feet wide, shall be maintained and planted with grass, bushes, flowers or trees, all along each lot line and along the street, except for entrance and exit driveways and except as needed for construction or renovation of ADA and Life Safety compliant stairwells and elevator assemblies. The open space shall not be used for automobile parking.

The size and location of water lines and fire hydrants on the property shall be approved in writing by the Fire Chief and the Kennebunk, Kennebunkport and Wells Water District.

Prior to the issuance of a building permit, building construction plans shall be approved in writing by the State Fire Marshal's office.

The total area of motel, hotel, bed-and-breakfast, or inn buildings plus the total area of parking spaces and driveways, taken together, shall not exceed 1/3 of the total area of the lot, in the case of single-story buildings, nor exceed 1/4 of the total area of the lot, in the case of two-story buildings.

Where a hotel or motel provides kitchens or kitchenettes in guest rooms of less than 1,100 square feet in area, such guest rooms shall not be considered dwelling units for purposes of this chapter, so long as the guest rooms are occupied exclusively by hotel or motel guests who occupy such guest rooms for no more than 120 days in any calendar year, except that within any Shoreland Zone, hotels and motels must meet the minimum residential lot size requirements per guest room if the room contains a kitchen or kitchenette. Units containing a kitchen or a kitchenette may not be used to establish residency and are limited to a maximum stay of no more than 120 days in any calendar year per guest.

Any hotel, motel, or inn constructed after January 1, 2011, shall be required to hook up to municipal sewer and water, except that parcels containing existing hotels, motels or inns may be expanded within the standards allowed without complying with this requirement. Parcels described by this subsection may not be deeded additional land that would circumvent the purposes of this chapter. Bed-and-breakfasts are intentionally omitted from this subsection and would be permitted to utilize a subsurface waste system or municipal facilities.

Design and performance standards. Mobile home parks are subject to Planning Board Site Plan Review. Except as stipulated below, mobile home parks shall also meet all the requirements for a residential subdivision, and shall conform to all applicable state laws and local ordinances or regulations. Where the provisions of this section conflict with specific provisions of Chapter 415, Subdivision Regulations, the provisions of this section shall prevail. The plan presented to the Planning Board shall designate all lots to be used within the proposed mobile home park.

Lot area and lot width requirements. Notwithstanding the dimensional requirements located in Article 4 of this chapter, lots in a mobile home park shall meet the following lot area and lot width requirements:

Unit setback requirements.

Buffering. If a mobile home park is proposed with a residential density of at least twice the density of residential development on immediately adjacent parcels of land, or at least twice the net residential density permitted in the zoning district in which the park is located if the immediately adjacent parcels of land are undeveloped, the park shall be designed with a continuous landscaped area not less than 50 feet in width which shall contain no structures, streets or utilities, except that utilities may cross a buffer strip to provide service to the mobile home park. For the first 25 feet of the buffer strip as measured from the exterior boundaries of the park, the Planning Board shall consider natural buffering which forms an effective visual barrier to be located on all exterior lot lines of the park, except that driveways shall be kept open to provide visibility for vehicles entering and leaving the park. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide a buffer, other kinds of buffers shall be considered.

Open space reservation. An area no less than 10% of the total area of those lots with a lot area of 10,000 square feet or less shall be reserved as common open space. Common open space shall be owned either jointly or in common by the owners or residents of the mobile home park, by an association of the residents of the mobile home park, by a trust or association which has as its principal purpose the conservation or preservation of land in essentially its natural condition, or by the Town. The Planning Board may waive the requirement for open space when the park is located within 1/2 mile of a publicly owned recreation area.

Road design, circulation and traffic impacts. Streets within a park shall be designed by a professional engineer licensed in the State of Maine.

Groundwater impacts.

No development or subdivision which is approved under this section as a mobile home park may be converted to another use without the approval of the Planning Board, and without meeting the appropriate lot size, lot width, setback and other requirements. The plan to be recorded at the Registry of Deeds and filed with the municipality shall include the following restrictions as well as any other notes or conditions of approval:

Nonpermitted areas. Mobile home parks are not permitted in the following areas which are deemed not reasonably suitable as indicated in Title 30-A M.R.S.A. § 4358, Subsection 3M:

Subsurface wastewater disposal. The following provisions apply in the case of parks not served by public sewer:

A multiplex building shall contain no more than eight dwelling units. In a site with more than one multiplex building, the total number of dwelling units shall not exceed an average of six dwelling units per building. Multiplex buildings shall be located at least 40 feet apart from each other. All living area shall be located entirely or substantially above grade.

All multiplex buildings shall be connected to a central water supply and distribution system (either public or private) at no expense to the municipality. The applicant shall demonstrate by actual test, or by a signed letter from an authorized representative of the servicing water company, that water can be supplied at the rate of at least 850 gallons per day per dwelling unit and at an adequate pressure for firefighting purposes.

Fire hydrants shall be located so that they are not more than 500 feet from any building, as hose is laid in the street.

All multiplex buildings shall be connected to a public sewer or to a central sewage disposal system, in accordance with the provisions of the Maine State Plumbing Code.

It shall be the responsibility of the developer, the owner, or an owners' association to provide for rubbish disposal, snow removal and site maintenance. All outdoor storage areas for waste collection shall be enclosed by a wooden or masonry screen at least four feet in height.

Garages or other accessory buildings shall not be located between multiplex buildings and the front lot line. Accessory buildings shall be located so as not to inhibit the access of emergency vehicles and fire apparatus to any side of a residential building.

Buildings shall be so designed and laid out to protect bedroom windows from night invasion by vehicle headlights or glare from existing outdoor lighting or illuminated signs, insofar as practicable. However, orientation of buildings for passive solar heat or views shall take precedence.

An area of open space not less than 20 feet wide shall be maintained with grass, bushes, flowers or trees all along the side and rear lot lines and (except for entrance and exit driveways) along the entire front line of each lot. Such open space area shall not be built on or paved or used for parking or storage.

No existing building or structure may be converted to multiplex use without Planning Board Site Plan Review Approval under Article 10 or without complying with the standards of this section. Prior to the conversion of dwelling units in a multiplex or other spaces in a building to a condominium form of ownership, a plan of the proposed condominium units shall be submitted to the Code Enforcement Officer to enable him/her to determine whether structural changes will be made which require site plan review approval under Article 10.

Each individual retail business shall contain no less than 500 square feet of gross floor area.

The creation of separate areas under this section within existing structures, or as a part of proposed structures, is subject to site plan review by the Planning Board under the provisions of Article 10.

A request for residential mixed use requires submittal of a site plan that shall include the property owner with deed reference, lot boundaries and dimensions to scale, the location and setbacks of all buildings and parking areas and open spaces.

Minimum lot size and building setbacks shall meet the underlying zone requirements. Minimum open space (area not occupied by structures or parking) shall be 60% of total lot area.

Streetscapes created by new development must be pedestrian-oriented. There shall be a direct pedestrian connection between the principal building entrance and the sidewalk(s) or path(s) along the adjoining street(s) if the commercial use is open to the public and/or fronts an existing public sidewalk or path.

Parking shall meet the requirements set forth in Article 6. Parking shall be predominantly located to the side and/or rear of the building.

Residential mixed-use structures located on properties connected to the Town's wastewater collection system must be approved by the Sewer Department. Properties utilizing subsurface waste system and private wells must meet the standards required in the Maine Subsurface Wastewater Disposal Rules. In addition:

A request for residential mixed use shall include a plan of the entire building showing a separate layout of all finished levels identifying the use of all rooms and the location of all entrances/exits.

The number of dwelling units permitted with a commercial use as identified in the definition of residential mixed use shall be limited to four.

Individual dwelling units shall consist of a minimum of 600 square feet of habitable space and may not have any living space on a third story unless it meets the minimum life safety requirements as defined in the Building Code.

The dwelling unit(s) shall be occupied as a primary residence (primary residence shall be defined as more than six months per year).

Where permitted, only one home occupation shall be permitted per dwelling unit.

The minimum commercial unit size shall be 500 square feet of gross floor area. The commercial area may not exceed two times the total residential area.

All new or redeveloped structures shall meet or exceed NFPA requirements for the applicable fire-suppression system.

Any specific performance standards otherwise identified in this chapter related to the commercial use must also be met.

Purpose. The purpose of allowing residential rental accommodations is to authorize the use of legally existing single-, two-, and multifamily structures for the accommodation of roomers, for compensation, while ensuring the safety of the occupants and minimizing the impact of such use on the surrounding neighborhood. Such rentals and the revenue they make to homeowners help make Kennebunkport affordable for persons on fixed or limited incomes; enhance and diversify accommodations available to visitors and tourists; and provide travelers with affordable accommodations from which to explore Kennebunkport and the Seacoast region. If not made the subject of appropriate, limited regulations, however, the use of residential properties for residential rental accommodations may create adverse impacts on surrounding residential uses including, without limitation, increased levels of traffic, parking demand, light and glare, and noise. Such impacts are deleterious to the public health, safety, and welfare of the neighborhood and the Town because they impair the livability and desirability of Kennebunkport neighborhoods for residential uses.

Performance standards. Residential rental accommodations are prohibited in accessory apartments. No more than two rooms in a residential rental accommodation may be let out to roomers, provided that:

Approval; permit; appeal.

Location. The affordable housing development must be either 1) located in a designated growth area or 2) served by a public, special district, or other centrally managed water system and a public, special district, or other comparable sewer system.

Long-term affordability.

Water and wastewater.

Multiplex development. The provisions of § 240-7.11 shall apply to any affordable housing development that includes a multiplex building.

Short-term rental prohibition. No unit (whether designated as affordable or not) within an affordable housing development may be used for short-term rental pursuant to Chapter 129 of this Code during the duration of the long-term affordability restriction in Subsection B(2), above.

Nothing in this section exempts an affordable housing development from any other requirements of this Code, including but not limited to the growth management permit requirements in § 240-11.12, the subdivision regulations in Chapter 415 of this Code, or any shoreland zoning requirements.