Town of Kittery, ME
York County
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Table of Contents
Table of Contents
A. 
This title is designed for all the purposes of zoning embraced in the Maine Revised Statutes and has been created as an integral part of a growth management program, comprehensive planning, and implementation process for the Town to promote the health, safety and general welfare of its residents.
B. 
Among other things, zoning is designed to:
(1) 
Encourage the most appropriate use of land and water throughout the Town;
(2) 
Promote traffic safety;
(3) 
Provide safety from fire and other elements;
(4) 
Provide adequate light and air;
(5) 
Prevent overcrowding of real property;
(6) 
Prevent development in unsuitable areas;
(7) 
Promote an adequate transportation and circulation system;
[Amended 9-26-2011 by Ord. No. 11-15]
(8) 
Control and manage the coordinated development of unbuilt areas;
(9) 
Encourage the formation of community units;
(10) 
Provide an allotment of land area in new developments sufficient for all the requirements of community life;
(11) 
Conserve energy and natural resources and protect the environment;
(12) 
Preserve land values; and
(13) 
Provide for adequate public services.
A. 
This title is known, and may be cited as, the "Land Use and Development Code of the Town of Kittery, Maine."
B. 
Application of title. The provisions of this title pertain to all the land and water areas as herein defined within the boundaries of the Town.
The Planning Board administers this title and delegates duties as prescribed herein.
A. 
Appointment and composition.
(1) 
The Planning Board is established by the Town Charter, Article VIII, Sec. 8.01, Planning, and applicable state statutes.
(2) 
The Board consists of seven members, who are Kittery residents, serving staggered terms of office of three years.
(3) 
Members of the Board are appointed by the Town Council.
(4) 
A municipal officer, or spouse thereof, may not serve as a member of the Board.
(5) 
Members serve until their successors are appointed and qualified.
(6) 
The number of consecutive terms by any Board member is limited by Sec. 8.01(3) of the Town Charter.
(7) 
A member of the Board may be dismissed for cause by the Town Council before the expiration of such member's term after notice and hearing.
(8) 
Vacancies are filled by Town Council appointment for the unexpired term.
B. 
Powers and duties.
(1) 
The Board shall elect annually a chairperson and vice chairperson from its membership and a secretary. It is the duty of the secretary to keep and maintain a permanent record of all meetings of the Board and show the vote of each member upon each question.
(2) 
A quorum consists of four or more members. All decisions must be made by a minimum of four like votes, except on procedural matters.
(3) 
The Board shall adopt bylaws to govern routine proceedings and set agendas and hold meetings to perform duties.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
(4) 
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon is decided by a majority vote of the members present, except the member who is being challenged, who may not vote on the issue.
(5) 
All records of the Board are public records, except as excluded under 1 M.R.S. § 402(3) and (3-A).[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
(6) 
The Board is to:
(a) 
Perform duties as provided by law.
(b) 
Hear and decide on required development plans, including special exception use requests, that require Planning Board review, using the development application and review procedures and criteria and other provisions in this title.
(c) 
Prepare and recommend for Council adoption a Comprehensive Plan and initiate Plan implementation by zoning ordinance, other land use and development regulations, and other means; and monitor and report on Plan implementation progress.
A. 
Appointment and composition.
(1) 
The Board of Appeals is established by the Town Charter, Article VIII, Sec. 8.04, and 30-A M.R.S. § 2691.
(2) 
The Board consists of seven members, who are Kittery residents, serving staggered terms of office of three years.
(3) 
Members of the Board are appointed by the Town Council.
(4) 
A municipal officer, or spouse thereof, may not serve as a member of the Board.
(5) 
Members serve until their successors are appointed and qualified.
(6) 
The number of consecutive terms by any Board member is limited by Sec. 8.01(3) of the Town Charter.
(7) 
A member of the Board may be dismissed for cause by the Town Council before the expiration of such member's term after notice and hearing.
(8) 
Vacancies are filled by Town Council appointment for the unexpired term.
B. 
Powers and duties.
(1) 
The Board shall elect annually a chairperson and vice chairperson from its membership and a secretary. It is the duty of the secretary to keep and maintain a permanent record of all meetings of the Board and show the vote of each member upon each question.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
(2) 
A quorum consists of four or more members. All decisions must be made by a minimum of four like votes, except on procedural matters.
(3) 
The Board shall adopt bylaws to govern routine proceedings and set agendas and hold meetings to perform duties.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
(4) 
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon is decided by a majority vote of the members present, except the member who is being challenged, who may not vote on the issue.
(5) 
All records of the Board are public records, except as excluded under 1 M.R.S. § 402(3) and (3-A).[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
(6) 
The Board is to:
(a) 
Perform duties as provided by law.
(b) 
Administrative decision appeal. Hear and decide on an administrative decision appeal where it is alleged by an aggrieved party that there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in review of an action on a permit application under this title.
(c) 
Variance request. Hear and decide on a variance request within the limitations set forth in this title and 30-A M.R.S. § 4353(4).
(d) 
Miscellaneous variation request. To hear and decide on a miscellaneous variation request to permit variation in:
[1] 
Nonconformance as prescribed in Article III of Chapter 16.7;
[2] 
Standards contained in Chapter 16.8, Article IX, Parking, Loading and Traffic, or § 16.8.10.13, Sign violation and appeal; or
[3] 
Accessory dwelling unit standards per Article XXV of Chapter 16.8.
(e) 
Special exception use request. Hear and decide on a special exception use request not requiring Planning Board review per development and site review thresholds and using the development application and review (Chapter 16.10) procedures and review criteria and other provisions in this title.
A. 
Appointment and composition.
(1) 
The Port Authority is established by Maine Private and Special Law 1961, Chapter 163, as amended, and Town Charter, Article IX.
(2) 
The Port Authority consists of seven members, who are Kittery residents, serving staggered terms of office of five years.
(3) 
Members of the Port Authority are appointed by the Town Council.
(4) 
A municipal officer, or spouse thereof, may not serve as a member of the Port Authority.
(5) 
Members serve until their successors are appointed and qualified.
(6) 
No member shall serve more than two consecutive terms of five years. Any member who has served two consecutive terms of five years is ineligible to serve on the Board for a period of one year. Computation of term limits commences with the first term of five years following the effective date of this provision. Computation of term limits does not include service prior to the effective date of this provision nor to terms of fewer than five years after the effective date.
(7) 
A member of the Port Authority may be dismissed for cause by the Town Council before the expiration of such member's term after notice and hearing.
(8) 
Vacancies are filled by Town Council appointment for the unexpired term.
B. 
Powers and duties.
(1) 
The Board shall elect annually a chairperson and vice chairperson from its membership and a secretary. It is the duty of the secretary to keep and maintain a permanent record of all meetings of the Port Authority and show the vote of each member upon each question.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
(2) 
A quorum consists of four or more members. All decisions must be made by a minimum of four like votes, except on procedural matters.
(3) 
The Board shall adopt bylaws to govern routine proceedings and set agendas and hold meetings to perform duties.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
(4) 
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon is decided by a majority vote of the members present, except the member who is being challenged, who may not vote on the issue.
(5) 
All records of the Port Authority are public records, except as excluded under 1 M.R.S. § 402(3) and (3-A).[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
(6) 
The Port Authority is to:
(a) 
Perform duties as provided by law.
(b) 
Where Town Council action is required under 38 M.R.S. § 1021 et seq., Wharves and Fish Weirs, the Council may appoint the Port Authority as its designee for on-site inspection and to issue a written report on the same to the Council.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
(c) 
Water area development powers and duties.
[1] 
The Port Authority is to provide advice to the Planning Board on development applications dealing with piers, wharfs, marinas and other uses projecting into water bodies.
[2] 
Where Port Authority review is required, such review must be completed prior to Planning Board review.
[3] 
Port Authority review and approval authority under this title applies to structures extending into a water body beyond the mean high-water line or the upland edge of a coastal wetland and extends from the water body to the mean high-water line or upland edge of a coastal wetland.
[4] 
The Port Authority may approve, for convenience of access to a pier from land upland of the mean high-water line or the edge of a coastal wetland, an extension of the pier that is the shortest practicable extension at its nominal height and width. All other structures upland of, and abutting or built on or over, a structure extending into a water body beyond the mean high-water line or the edge of a coastal wetland require Planning Board approval. Only one pier, ramp and float structure is permitted on any noncommercial or nonindustrial lot.
[5] 
Where the Planning Board is the lead reviewing authority, a shorefront development plan must be submitted for Planning Board approval. A Port Authority ruling on the shorefront development plan's conformance with Port Authority rules and regulations and navigational aspects of any proposed pier, ramp and float system or principal marine structure is required prior to Planning Board approval.
[6] 
Only functionally water-dependent uses are allowed on, over or abutting a pier, wharf or other structure beyond the normal high-water line. The standards contained in § 16.8.15.1 are to be met.
A. 
Conflict within this title. Where the requirements of this title are in conflict with each other, the most restrictive or that imposing the higher standards governs.
B. 
Conflict with other statutes. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards governs.
In the event that any section, subsection or any portion of this title is declared by any court of competent jurisdiction to be invalid for any reason, such decision does not affect the validity of any other section, subsection or other portion of this title; to this end, the provisions of this title are declared to be severable.
No amendments to this title may be adopted until after the Planning Board and the Town Council have held a public hearing thereon. Public notice of the hearing must be published in a newspaper of general circulation in the Town at least seven days prior to the public hearing. Said amendments are effective as provided by the Town Charter.