Town of Kittery, ME
York County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Building/regulated activity permits and certificates of occupancy are required to control development to ensure that such development conforms to this title. This chapter outlines the requirements of this process.
A. 
Permit. No building, including municipal buildings, or structure may be erected, moved, added to or otherwise structurally altered and no regulated activity is to commence without a permit, issued by the Code Enforcement Officer and in compliance with all applicable state and federal requirements.
B. 
Conformity. No building/regulated activity permit may be issued except in conformity with this title, except after written order of the Board of Appeals.
C. 
Permit records. The CEO must maintain a public record of all building/regulated activity permits and applications thereof.
D. 
Permit period.
[Amended 10-26-2015 by Ord. No. 15-11]
(1) 
A permit expires if the Code Enforcement Officer determines no substantial work has been commenced within six months from date of issue. A permit expires if work is not substantially complete within two years from date of issue. Expired permits may be renewed upon written request and justifiable cause demonstrated to the Code Enforcement Officer's satisfaction. Written request for renewal must be made prior to the permit expiration.
(2) 
The permit may be renewed one time only for a single six-month period to commence work, upon payment of the base application fee. If the Code Enforcement Officer determines substantial work has not commenced upon expiration of the six-month renewal period, a new permit application and payment of all applicable new permit fees must be submitted.
(3) 
The permit may be renewed one time only for a single six-month period to complete work, upon payment of the base application fee. If work is not substantially complete as determined by the Code Enforcement Officer upon expiration of the six-month renewal period, a new permit application and payment of all applicable new permit fees must be submitted based on the value of the remaining permitted work.
(4) 
Any work commenced or completed without the issue of a permit as required by this title is subject to an after-the-fact permit with all applicable fees doubled.
E. 
Permit threshold. A permit is required if the activity involves any of the following thresholds, as determined by the Code Enforcement Officer:
(1) 
Fair market value of the work is greater than $2,000;
(2) 
Changes to electric, plumbing or septic systems;
(3) 
Increase in coverage;
(4) 
Construction of a building or expansion of a structure;
(5) 
Structural alteration;
(6) 
Change in use or new business occupancy;
(7) 
Erection or expansion of signage;
(8) 
Installation or expansion of piers and docks;
(9) 
An activity that requires inspection by the CEO to determine compliance with this title; or
(10) 
Creates one or more acres of disturbed area.
(11) 
Structure demolition.
[Added 9-24-2012 by Ord. No. 12-11]
A. 
Plans.
(1) 
All applications for building/regulated activity permits are to be accompanied by plans showing the actual dimensions and shape of the lot to be built upon, including but not limited to property and setback lines; the exact sizes and locations and dimensions of the proposed building or alteration of any existing structures and the proposed sewage disposal systems as designed by a Maine-licensed site evaluator. The Code Enforcement Officer may waive the requirement for plans in the case of minor interior alterations which in the CEO's opinion do not result in a change in use. The application is to include such other information as lawfully may be required by the Code Enforcement Officer to determine conformance with and provide for the enforcement of this title. All plans and correspondence are to include the map and lot designation of the property concerned in the upper right-hand corner.
(2) 
At any time between the initial request for a building/regulated activity permit and the granting of final occupancy certificate the CEO or designated representative is to have access to the subject property and structures without obtaining prior permission, written or oral, from the property owner or applicant, except when a temporary occupancy permit has been given to the dwelling owner or applicant.
B. 
Drainage and sewage disposal. Wherever on-site subsurface disposal is contemplated, the approval of building/regulated activity permit applications are subject to evidence of satisfactory subsurface soil conditions for drainage and sewage disposal and prior obtainment of a subsurface wastewater disposal permit. Such evidence must be furnished in compliance with the Maine State Plumbing Code and Chapter 16.8.
C. 
Fee. Except for municipality permits, application for a building/regulated activity permit must be accompanied by a fee which is established by the Town Council. (See Appendix A, Fee Schedules.)
[Amended 9-26-2011 by Ord. No. 11-15]
D. 
Flood hazard ordinance. Any building or structure that might be erected in an area subject to periodic flooding must meet all conditions of Chapter 15.3, relating to flood hazard permit and review procedure,[1] of this Code and the applicable Federal Emergency Management Agency (FEMA) regulation(s). No alteration of the natural contour of the land by grading or filling for any purpose is permitted in an area subject to periodic flooding.
[1]
Editor's Note: Title 15 was repealed. See now Chapter 16.9, Art. VIII.
E. 
Conformance to standards.
[Amended 5-30-2012 by Ord. No. 12-04]
(1) 
All developments must be in conformance with the procedures, standards and requirements of this title.
(2) 
All work that requires a building/regulated activity permit must conform to the Maine Uniform Building and Energy Code (MUBEC), pursuant to 10 M.R.S. § 9721 et seq., which is adopted by the Department of Public Safety, Bureau of Building Codes and Standards, Maine Technical Building Codes and Standards Board, by Rule 16-635, Chapters 1 through 6, as may be amended from time to time.
(3) 
The following codes, standards, rules and their amendments are in full force and effect in their entirety and are not affected by the operation of Title 16 or the MUBEC:
(a) 
National Electrical Code® standards (NFPA 70), adopted pursuant to 32 M.R.S. § 1153-A.
(b) 
Maine State Plumbing Codes standards, adopted pursuant to 32 M.R.S. § 3403-B.
(c) 
Standard for the Installation of Oil-Burning Equipment standards (NFPA 31), adopted pursuant to 32 M.R.S. § 2353.
(d) 
Flammable and Combustible Liquids Code standards (NFPA 30), adopted pursuant to 32 M.R.S. § 14804.
(e) 
Boiler and pressure vessel standards, adopted pursuant to 32 M.R.S. § 15104-A.
(f) 
Elevator standards, adopted pursuant to 32 M.R.S. § 15206.
(4) 
National Fire Protection Association (NFPA) firesafety codes and standards, adopted pursuant to 25 M.R.S. § 2452 and § 2465, as follows:
(a) 
NFPA 1 - Fire Code.
(b) 
NFPA 101 - Life Safety Code.
(c) 
NFPA 54 - Fuel Gas Code.
(d) 
NFPA 211 - Standard for Chimneys, Fireplaces, Vents, and Solid-Fuel-Burning Appliances.
F. 
Permit review time constraints. The Code Enforcement Officer must approve or deny an application for a building/regulated activity permit within 14 working days of receiving said application. The Town Manager may approve or deny an application if no action is taken by the Code Enforcement Officer within 14 working days.
A. 
Certificate requirement. It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued by the Code Enforcement Officer and endorsed to the effect that the proposed use of the building or land conforms with the requirements of this title and all applicable state and federal requirements.
B. 
Certificate application requirement. No building/regulated activity permit may be issued until an application has been made for a certificate of occupancy and the certificate of occupancy is issued in conformity with the provisions of this title upon completion of the work.
C. 
Temporary certificate.
(1) 
A temporary certificate of occupancy may be issued by Code Enforcement Officer for a period of six months during construction or alterations for partial occupancy of a building pending its completion, provided that such temporary certificate requires such conditions and safeguards as will protect the safety of the occupants and the public.
(2) 
Commercial establishments may not be granted a temporary certificate of occupancy. Occupancy may be granted when construction is complete, all Planning Board conditions have been met, and all applicable state and local code requirements have been met to the satisfaction of the CEO. Phased construction may be approved by the Planning Board, and certificate of occupancy may be issued by the CEO, when phase conditions have been met.
D. 
Records. The Code Enforcement Officer must maintain a public record of all certificates of occupancy.
E. 
Failure to obtain certificate. Failure to obtain a certificate of occupancy is a violation of this title.
F. 
Minor interior alterations. An occupancy permit is not required for minor interior alterations during which the building would be considered occupied and which, in the judgment of the Code Enforcement Officer, does not constitute a change in use of the building.
A. 
Purpose. The intent of this section is to provide temporary housing for resident owners (exclusive of corporations, trusts and estates) and their immediate families who have lost primary dwellings through fire or natural disaster.
B. 
Dwellings uninhabitable by disaster. In case a fire or natural disaster destroys, or damages, or renders a dwelling or dwelling unit uninhabitable, the following apply:
(1) 
The dwelling owner may apply to the CEO for a permit to place a mobile home on the lot as a temporary residence for the dwelling owner for a period of six months;
(2) 
The applicant must file such an application within six months from the date of the disaster and agree, in writing, that a time limit of six months is acceptable. Proof of financial ability to reconstruct the building must be furnished;
(3) 
If at the end of six months substantial work has been completed to the satisfaction of the CEO, the permit may be extended for an additional six months. No further extensions may be granted;
(4) 
A multifamily dwelling may be temporarily replaced by a single mobile home unit for the use of the dwelling owner only; and
(5) 
Setback requirements may be waived for temporary mobile homes by the CEO, provided matters of public health and safety are not impaired.
A. 
Permit required. No person, firm, corporation or other legal entity may establish or maintain a mobile home park, seasonal trailer park or campground within the Town without a permit issued in conformity with the provisions of this title. It is the park operator's responsibility to obtain the permit.
B. 
Application. Application for a mobile home park, seasonal trailer park or campground permit must be filed with the Code Enforcement Officer, who will present said application to the Planning Board for review as a subdivision, except that permit renewals are not subject to Board review. The Board must review the proposal in accordance with the standards contained herein and inform the CEO of its decision. The CEO shall then act on the application as required.
C. 
Fee and expiration. Each application for a permit or a renewal thereof must be accompanied by a fee as established by the Town Council for a mobile home park, seasonal trailer park or campground designed for the accommodation of no more than 10 mobile homes, trailers or tent sites and an additional fee, as established by the Town Council, for each additional mobile home, trailer or tent site located at the site. (See Appendix A for annual mobile home park fee schedule.) Permits expire on the first day of April next following date of issuance. Before any permit is renewed, the premises are subject to inspection by the Health Officer and CEO. If all requirements of this and other federal, state and local laws have been complied with, the same is to be certified and the permit renewed.
D. 
Permit display. Permits issued under this section must be conspicuously posted on the premises at all times and are not transferable.
E. 
Revocation. The CEO is authorized to revoke any permit issued under this section pursuant to the terms of this title if, after due investigation, it is determined the holder thereof has violated any of the provisions of this or any applicable code, law or statute.
[Added 9-26-2011 by Ord. No. 11-15]
A. 
Street-numbering map.
(1) 
All buildings must bear a distinctive street number in accordance with and as designated upon the street-numbering map on file with the Town's Assessing Department. The Town Assessor is responsible to maintain and keep current said map.
(2) 
No person may affix, or allow to be affixed, a different street number from the one designated on the street-numbering map.
B. 
Display of number. The number is to be displayed upon the front of the building and/or on the side facing the street. The number must be plainly visible from the street. Owners of buildings and houses that are set back out of view from the road must place a post or sign at the driveway entrance with the specified numbers. Said post/sign is not considered a structure which must conform to Land Use and Development Code setbacks. In place of a post/sign, the number may be affixed to a mailbox. Said post/sign must be placed out of the Town's right-of-way and be six feet in height.
C. 
Multifamily houses or apartment buildings. For multifamily houses or apartment buildings, the house number is to be displayed as outlined in Subsection B. Each individual apartment or living unit must be clearly sublettered.
D. 
Number dimensions and color. Numbers must be no less than three inches in height and contrast in color with the color of the building or background to which they are attached.
E. 
Time limit for compliance; violation; penalty. Any person who, after being notified by the Police Chief or any law enforcement officer from the Town, fails to comply with any of the provisions of this section within the time limit of not more than 30 days specified in such notice is liable to a fine of not less than $50 nor more than $100 per violation.
[Added 9-26-2011 by Ord. No. 11-15]
A. 
Applicability. This section applies to fees charged by the Town for plumbing and subsurface wastewater disposal system permits issued by the Town pursuant to 30-A M.R.S. § 4201 et seq. and pursuant to rules promulgated by the Department of Health and Human Services (DHHS) under the authority of 30-A M.R.S. § 4201 et seq. ("State Plumbing Code"). For purposes of this section, the terms contained in this section have the meanings given to them in the State Plumbing Code.
B. 
Plumbing permit fees.
(1) 
At the time of issuance by the Town of a plumbing permit pursuant to 30-A M.R.S. § 4201 et seq. and the State Plumbing Code, the plumbing permit applicant must pay a fee in accordance with the following schedule and at the rate provided for each classification shown herein:
(a) 
Any person who begins any work for which a permit is required by the State Plumbing Code without first having obtained a permit therefor, if subsequently eligible to obtain a permit, is liable to pay double the permit fee fixed by this section for such work. However, this provision does not apply to emergency work when it is proven to the satisfaction of the local plumbing inspector that such work was urgently necessary and that it was not practical to obtain a permit before the commencement of the work. In all such emergency cases, a permit must be obtained within four working days, or else a double permit fee as hereinabove provided is to be charged.
(b) 
For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached is construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings are to be based on the number of plumbing fixtures, water heaters, etc., involved.
(c) 
The following permit fees are to be charged:
[1] 
Minimum fee for all permits, see Appendix A.
[2] 
Fixture fee, see Appendix A.
[3] 
Reinspection fee, see Appendix A. A reinspection fee must be charged by the local plumbing inspector in those instances when work has not been completed upon an inspection or when work was not in compliance with the State Plumbing Code.
[4] 
When only new water distribution and/or drainage pipes are installed or relocated in a building, but no fixtures installed, the fee is as set out in Appendix A.
[5] 
A hook-up fee as set out in Appendix A is to be charged for the connection of a mobile home which bears the Housing and Urban Development (HUD) seal or a modular home which bears the Manufactured Housing Board seal to a building sewer.
[6] 
A hook-up fee as set out in Appendix A is to be charged for connection to a public sewer when piping is installed beyond the jurisdiction of the sanitary district.
[7] 
Relocated mobile homes, modular homes or any other similar structures are considered as new conventional stickbuilt structures, and a plumbing fixture fee is to be charged based on this section.
[8] 
A permit is valid only for the named applicant but may be transferred by payment of a transfer fee as set out in Appendix A.
C. 
Subsurface wastewater disposal system fees.
(1) 
Prior to the local plumbing inspector's issuance of a subsurface wastewater disposal system permit, the permit applicant must pay the local plumbing inspector a permit fee calculated in accordance with schedule set out in Appendix A.
(2) 
Late permit fee. A person who starts construction without first obtaining a subsurface wastewater disposal permit must pay double the permit fee indicated in Subsection A of this section.