Whenever any fee is established for municipal permitting, licensing,
services, application, appeal, or the like, in the title addressing
such, a corresponding fee schedule must be established by resolution
of the Town Council and included in Appendix A, Fee Schedule, of this
Code.
A.
In
the construction of this Code, and of all ordinances, the rules and
definitions set out in this section must be observed, unless such
construction would be inconsistent with the manifest intent of the
Town Council. The rules of construction and definitions set out herein
must not be applied to any section of this Code which contains any
express provision excluding such construction or where the subject
matter or context of such section may be repugnant thereto.
B.
All
general provisions, terms, phrases and expressions contained in this
Code must be liberally construed in order that the true intent and
meaning of the Town Council may be fully carried out.
C.
In
the interpretation and application of any provisions of this Code,
they must be held to be the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare.
Where any provision of the Code imposes greater restrictions upon
the subject matter than the general provision imposed by the Code,
the provision imposing the greater restriction or regulation controls.
D.
Except
where specifically defined in this chapter, or in particular titles
separately, all words used in this Code carry their customary dictionary
meanings. All definitions are understood to be consistent with state
and federal law as may be amended from time to time, and where any
discrepancy may arise, the state or federal usage prevails. Words
used in the present tense include the future, and the plural includes
the singular, and gender-specific words (e.g., she, he, his, hers)
include the opposite sex equivalent.
E.
Rules.[1]
(1)
Computation of time. Whenever a notice is required to be given
or an act to be done a certain length of time before any proceeding
is held, the day on which such notice is given or such act is done
is not counted in computing the time, but the day on which such proceeding
is to be held is counted.
(2)
Corporate or Town limits. The term "corporate limits" or "Town
limits" means the legal boundaries of the Town of Kittery, Maine.
(3)
County. The words "the county" or "this county" means the County
of York in the State of Maine.
(4)
Delegation of authority. Whenever a provision appears requiring
the head of a department or some other Town officer to do some act
or perform some duty, it is to be construed to authorize the head
of the department or other officer to designate, delegate and authorize
subordinates to perform the required act or perform the duty, unless
the terms of the provision or section specify otherwise.
(5)
Joint authority. Words giving authority to three or more persons
authorize a majority to act, when the enactment does not otherwise
determine.
(6)
Nontechnical and technical words. Words and phrases are construed
according to the common and approved usage of the language, but technical
words and phrases and such others as may have acquired a peculiar
and appropriate meaning in law are construed and understood according
to such meaning.
(7)
Number. Words of the singular number include the plural, and
words of the plural number include the singular.
(8)
Officials, boards, commissions. Whenever reference is made to
officials, boards, commissions by title only, i.e., "Town Council,"
"Town Clerk," "Town Manager," etc., they are deemed to refer to the
officials, boards and commissions of the Town of Kittery.
(9)
Owner, applied to a building or land, means and includes any
part owner, joint owner, tenant in common, joint tenant of the whole
or of a part of such building or land.
(10)
Preceding or following. The words "preceding" and "following"
mean next before and next after, respectively.
(11)
Must; may. "Must" indicates a mandatory duty, action or requirement.
"May" indicates authorization or permission to act.
(12)
State. The words "the state" or "this state" are construed to
mean the State of Maine.
(13)
Town Council, Council. Whenever the words "Council" or "Town
Council" are used, they are construed to mean the Town Council of
the Town of Kittery, Maine.
(14)
"Written" or "in writing" are construed to include any representation
of words, letters or figures, whether by printing or otherwise.
F.
AGGRIEVED PARTY
BANNER
BUILDING
BUSINESS
CLERK
CODE ENFORCEMENT OFFICER (CEO)
COMMUNITY
COMPREHENSIVE PLAN
COUNCIL
DAY
DEVELOPER
DEVELOPMENT
GAME OF CHANCE
(1)
(2)
GAME OF SKILL
LICENSE
MONTH
MUNICIPAL OFFICER
MUNICIPAL OFFICIAL
MUNICIPALITY
NUISANCE
OATH
PERSON
PERSONAL PROPERTY
PRACTICABLE
PROPERTY
REAL PROPERTY
ROAD
SIDEWALK
SIGN, TEMPORARY
SIGNATURE
SLOT MACHINE
STREET
TENANT or OCCUPANT
TOWN
WASTE
WHARF
YEAR
Definitions. Except where specifically defined in this Town Code,
all words used in this title carry their customary dictionary meanings.
Words used in the present tense include the future, and the plural
includes the singular; the word "lot" includes the word "plot"; the
word "building" includes the word "structure"; the words "shall" or
"must" are always mandatory; "occupied" or "used" are considered as
though followed by the words "or intended, arranged or designed to
be used or occupied"; and, gender-specific words (e.g., she, he, his,
hers) include the opposite sex equivalent.[2]
An owner of land whose property is, directly or indirectly,
affected by the granting or denial of a permit or variance under this
Code; a person whose land abuts land for which a permit or variance
has been granted; or any other person or group of persons who have
suffered particularized injury as a result of the granting or denial
of such permit or variance.
Any sign of lightweight fabric or similar material that is
mounted for display at one or more edges.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of persons, animals,
or property. Each portion of a building, separated from other portions
by a fire wall, is considered as a separate structure.
For the purposes of the sign regulations, any corporation,
trust, partnership, or other verifiable legal entity with the object
of gain, benefit, or advantage.
The Kittery Town Clerk.
The person duly authorized by the Town to carry out the duties
as prescribed herein and in the Town Administrative Code.
The Town of Kittery and its people.
Any part or element of the plan or policy for the development
of the Town as defined in 30-A M.R.S. § 4301, as issued
in the Kittery Comprehensive Plan, dated July 1989 and approved by
the Town Council on September 25, 1989, or subsequent revisions or
additions thereto (e.g., comprehensive harbor plan).
The Kittery Town Council.
A calendar day, unless otherwise indicated.
Any person, firm, corporation, or other legal entity that
makes application for any type of development within the Town.
A change in land use involving alteration of the land, water
or vegetation, or the addition or alteration of structures or other
construction not naturally occurring.
Any game, contest, scheme, or device in which: (1) a person
stakes or risks something of value for the opportunity to win something
of value; (2) the rules of operation or play require an event, the
result of which is determined by chance, outside the control of the
contestant or participant; and (3) chance enters as an element that
influences the outcome in a manner that cannot be eliminated through
the application of skill.
As used in this definition, "an event the result of which is
determined by chance" includes, but is not limited to, a shuffle of
a deck or decks of cards, a roll of a die or dice, or a random drawing
or generation of an object or objects that may include, but are not
limited to, a card or cards, a die or dice, a number or numbers, or
simulations of any of these. A shuffle of a deck or decks of cards,
a roll of a die or dice, a random drawing or generation of an object
or objects, or some other event the result of which is determined
by chance that is employed to determine impartially the initial order
of play in a game, contest, scheme, or device, does not alone make
a game, contest, scheme, or device a game of chance.
Any game, contest, scheme, or device in which a person stakes
or risks something of value for the opportunity to win something of
value and that is not a game of chance.
That license duly issued by the Council.
A calendar month.
A member of the Town Council as defined in the 30-A M.R.S.
§ 2001(10).
Any elected or appointed member of the municipal government,
as defined in 30-A M.R.S. § 2001(11).
Town of Kittery, Maine.
Includes those public and common nuisances as defined by
state statute 17 M.R.S. § 2802 et seq.
Includes an affirmation, when affirmation is allowed. Affirmation
is allowed when a person required to be sworn is conscientiously scrupulous
of taking an oath.
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, firm or, in the case of a corporation
or association, any official thereof, or other legal entity.
Includes every species of property except real property,
as described in this section.
Available and feasible, considering cost, existing technology,
and logistics based on overall project purposes.
Includes real and personal property.
Includes lands, tenements and hereditaments.
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt, or other surfacing material constructed for or created
by the repeated passage of motorized vehicles.
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians, excluding parkways.
A sign that is intended to remain where it is erected or
placed for a period of time not to exceed 21 days in any calendar
quarter.
Includes a mark when the person cannot write.
Any machine which operates by inserting a coin, token, or
similar object, setting the internal mechanism of the machine in motion,
and by the application of the element of chance may deliver or entitle
the person playing or operating the machine to receive cash, premiums,
merchandise, tickets, or something of value.
A way established or maintained under public authority, or a minimum forty-foot-wide private way constructed to Town standards, as contained in Chapter 16.8, approved by the Planning Board and plotted, dedicated and recorded; or a way shown on a plan of a subdivision duly approved by the Planning Board. "Street" is construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the Town, and includes all areas thereof embraced between the property lines and dedicated to the public use.
The words "tenant" or "occupant," applied to a building or
land, mean and include any person holding a written or oral lease
or who occupies the whole or a part of such buildings or land, either
alone or with others.
The Town of Kittery, Maine.
Any unwanted or discarded substance or material, whether
or not such substance or material has any future use, and includes
any substance or material that is spilled, leaked, pumped, poured,
emitted, disposed of, emptied, or dumped onto the land or into the
water.
A structure on the shore, parallel to the shoreline of navigable
waters, alongside of which vessels can be brought for loading or unloading.
A calendar year, unless otherwise expressed.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and are not deemed or taken to be titles of such sections
nor as any part of the section, nor, unless expressly so provided,
are they to be so deemed when any of such sections, including the
catchlines, are amended or reenacted.
All ordinances passed subsequent to this Code which amend, repeal
or in any way affect this Code must be numbered in accordance with
the numbering system of this Code and printed for inclusion herein,
or in the case of repealed chapters, sections and subsections or any
part thereof by subsequent ordinances, such repealed portions may
be excluded from the Code by omission from reprinted pages affected
thereby and the subsequent ordinances, as numbered and printed or
omitted, in the case of repeal, is prima facie evidence of such subsequent
ordinances until such time as this Code and subsequent ordinances
numbered or omitted are readopted as a new Code by the Town Council.[1]
