Search for:  Printer-Friendly Version TABLE OF CONTENTS ARTICLE 1 - GENERAL.……. .       .........…2 1.1     Short Title     2 1.2     Purposes        2 1.3     Authority and General Requirements      2         1.4     Applicability.................................................................................................................................3 1.5     Conflict with Other Ordinances  3 1.6     Validity and Severability       3         1.7     Availability....................................................................................................................................3 1.8     Omitted Uses    3 1.9     Effective Date  3 ARTICLE 2   CONSTRUCTION OF LANGUAGE AND DEFINITIONS    4 ARTICLE 3 - ESTABLISHMENT OF ZONES..………………………………………………..26 3.1     Zoning Districts        26 3.2     Official Zoning Maps    26 3.3     Zone Boundaries 28 ARTICLE 4   ZONE REGULATIONS    …..…38 4.1     Permitted Uses  38 4.2     Prohibited Uses 38 4.3     Village Residential Zone        38 4.4     Dock Square Zone        41 4.5     Riverfront Zone 43 4.6     Cape Arundel Zone       45 4.7     Goose Rocks Zone        46 4.8     Cape Porpoise East & Cape Porpoise West Zones   47 4.9     Cape Porpoise Square Zone       48         4.10     Free Enterprise Zone……………………………………………………………..50 4.11    Farm and Forest Zone    52 ARTICLE 5   SHORELAND, RESOURCE PROTECTION, and CRITICAL EDGE ZONING    .54 5.1     Purpose 54 5.2     Uses Permitted:  Shoreland Zone 54 5.3     Uses Permitted: Resource Protection Zone        54 5.4     Exemptions      57 5.5     Uses Permitted in the Critical Edge     57 5.6     Performance Standards   60 5.7     Additional Performance Standards for Activities within  Critical Edge Zone        77 ARTICLE 6 - TOWN WIDE REGULATIONS………………………………………………... 81 6.1     General Provisions      81 6.2     Height Restrictions     83 6.3     Soil Suitability        84 6.4     Water Quality   84 6.5     Dust, Fumes, Vapors and Gases   84 6.6     Explosive Materials     84 6.7     Construction in Flood Hazard Areas      84 6.8     Outdoor Display 85 6.9     Off Street Parking and Loading - Non Residential        85 6.10    Residential Parking Standards   89 6.11    Sanitary Provisions     89 6.12    Signs and Billboards    90 6.13    Tillage of Soil 93 6.14    Road Construction, Filling, Grading     93 6.15    Entrance to Public Ways 94 6.16    Sound Pressure Levels   96         6.17    Blasting…………………………………………………………………………...98         6.18    Commercial & Multiplex Building Code………………………………………...99         6.19    Residential Building Code………………………………………………………..99 ARTICLE 7  - PERFORMANCE STANDARDS FOR SPECIFIC ACTIVITIES, LAND USES,  and ZONES       ……. …..    100 7.1     Accessory Apartments    100 7.2     Automobile Service Stations     101 7.3     Campgrounds     102 7.4     Cluster Development     103              7.5       Eldercare Facilities..……………..……………………………………………...106 7.6     Home Occupations        109 7.7     Hotels, Motels, Bed & Breakfasts, and Inns      110 7.8     Kennels 111 7.9     Mobile Homes    111 7.10    Mobile Home Parks       111 7.11    Multiplex       118 7.12    Retail Sales    119 7.13    Roomers 119 ARTICLE 8 - NON CONFORMANCE AND VESTED RIGHTS   .121 8.1       Purpose................................................................................................................................121 8.2     General 121 8.3     Expansion of Nonconforming Structures......................................................................121 8.4     Change of Use of a Nonconforming Structure...........................................................125A 8.5     Non-conformance due to Lack of Required Parking or Loading Space.................125A 8.6     Conversion of Use...........................................................................................................125A 8.7     Non-Conforming Lots....................................................................................................125A 8.8     Non-conforming Uses.......................................................................................125C 8.9     Vested Rights..................................................................................................................125C ARTICLE 9 - BOARD OF APPEALS    126 9.1     Appointment and Composition     126 9.2     Powers and Duties       126 9.3     Appeals Procedure       131 ARTICLE 10 - PLANNING BOARD SITE PLAN REVIEW..  ..133 10.1    General Requirement     133 10.2    Site Plan Approval Required     133 10.3    Shoreland Zoning Review 134 10.4    Powers and Duties       134 10.5    Variance Required       134 10.6    Submissions and Requirements    134 10.7    Performance Standards   137 10.8    Planning Board Procedure for Site Plan Review   142 10.9    Planning Board Review Procedure for Shoreland Reviews not needing Site Plan Review      145 10.10   Guidelines for Decisions        145 10.11   Conditions Attached to Site Plan Review 148 10.12   Performance Guarantees  148 ARTICLE 11   ADMINISTRATION     150 11.1     Enforcement Officer    150 11.2    Permit Required 150 11.3    Permit Not Required     151 11.4    Permit Procedure        151 11.5    Suspension and Revocation of Permits    153 11.6    Fees    155 11.7    Expiration of Building or Use Permits and Approvals     155 11.8    Occupancy Permit        155 11.9    Violations and Legal Action     156 11.10   Penalties       156 11.11   Publication of Building Permits 156         11.12   Growth Management Permit Required……………………………………….....157 ARTICLE 12 - AMENDMENTS…        ….162 12.1    Procedure       162 12.2    Shoreland Zone Amendments       162 12.3    Enactment Dates 163 ARTICLE 13 - CONTRACT ZONING………………………………………   …….………..164         13.1    Authority and Purpose………………………………………………………….164         13.2    Application Review Process   ………………………………………………….164         13.3    The Contract Zoning Agreement………………………………………….........168       13.4    Failure to Act.........……………………………………………………………..169 ARTICLE 1   GENERAL 1.1     Short Title This ordinance shall be known and may be cited as the "Kennebunkport Land Use Ordinance" and will be referred to herein as "this Ordinance". 1.2     Purposes         This Ordinance and its regulations are designed for all the purposes of zoning embraced in Maine Revised Statutes, among other things:  to promote and conserve the health, safety, convenience, and welfare of the inhabitants; to encourage the most appropriate interrelationships of land uses and groups of land uses in the various parts of the town; to secure safety from fire, panic, epidemics, flooding and other dangers; to provide adequate access of light and air; to prevent overcrowding of real estate; to lessen congestion in the streets; to facilitate the adequate provision of transportation, water, sanitary facilities, schools, parks and other public requirements, and to preserve and increase amenities throughout the Town of Kennebunkport.  This Ordinance has been amended to comply with the Mandatory Shoreland Zoning Act and DEP Minimum Shoreland Zoning Guidelines to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas. 1.3     Authority and General Requirements Under the authority of Title 30 A M.R.S.A., Sections 2691, 3001, 4352 4358 and Title 38 M.R.S.A., Sections 435 449, any other enabling statutes, and all amendments thereto, the Town of Kennebunkport hereby regulates pursuant to this Ordinance the inspection, materials, construction, demolition, alteration, repair, height, bulk, area, ground coverage, location and use of buildings and structures, and the use of land, throughout the Town; and also hereby divides the Town into zones. 1.4     Applicability         For Articles related to Shoreland Zoning this Ordinance applies to all land areas within 250 feet, horizontal distance of the:                        Normal high-water line of any great pond or river               Upland edge of a coastal wetland, including all areas affected by tidal action, or               The upland edge of a freshwater wetland.         Shoreland Zoning provisions also apply to all land areas within 75 feet, horizontal distance of the normal high water line of a stream. 1.5     Conflict with Other Ordinances In general, this Ordinance is complementary to other town ordinances affecting the use, height, area and location of buildings and the use of land, but where there is a conflict between this Ordinance and any other federal, state or local rule, regulation, ordinance, statute or other restriction, the more restrictive provision shall control. 1.6     Validity and Severability The invalidity of any section or provision of this Ordinance shall not affect the validity of any other section or provision of this Ordinance. 1.7     Availability A certified copy of this Ordinance shall be filed with the Municipal Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this Ordinance shall be posted. 1.8     Omitted Uses It is the intent of this Ordinance that any use not specifically allowed as either a permitted use or conditional use is specifically prohibited. 1.9     Effective Date This Ordinance shall become effective as soon as it receives a favorable vote of the voters of the Town. ARTICLE 2   CONSTRUCTION OF LANGUAGE AND DEFINITIONS 2.1     Construction of Language In the interpretation and enforcement of this Ordinance, all words other than those specifically defined in the Ordinance shall have the customary dictionary definition unless a different meaning is clearly implied by the context in which they are used.  In the event of a conflict between the text of this Ordinance and any map, illustration, or table, the text shall control. The word "person" includes an individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity. The present tense includes the future tense; the singular includes the plural, and the plural includes the singular. The words "shall" and "will" are mandatory, the word "may" is permissive. The word "he" means either "he" or "she". 2.2     Definitions In this Ordinance, the following terms shall have the following meanings: Abutting Property:  Any lot that is physically contiguous with the subject lot even if only at a point, and any lot which is located directly across the street or right-of-way from the subject lot such that the extension of the side lot lines of the subject lot would touch or enclose the abutting property. Accessory Use or Structure:  A subordinate use or structure customarily incidental to and located on the same lot as the principal use or structure, such as a detached garage, workshop, or the like.  Accessory uses, in the aggregate, shall not subordinate the principal use or structure on a lot.  A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure. Acre:  A measure of land containing 43,560 square feet. Aggrieved Person or Party:  An owner of land whose property is directly or indirectly affected by the granting of denial of a permit or variance under this Ordinance; 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 of denial of such permit or variance. Agriculturally Related Products:  Includes such items as homemade jams and jellies, honey, cheese, dairy products, baked goods, herbs and spices, ice cream and maple syrup. These products are to be produced privately or by an approved home occupation.  It does not include items purchased for wholesale for the purpose of selling for retail, except as permitted within part b of the Farm Stand definition.  Any licenses, either State or Federal, are the owner/applicant's responsibility to obtain and maintain. (Also see Farm Stand) Agriculture:  The cultivation of soil for the production or raising of food, crops, or other valuable or useful products including commercial gardening, and the growing of nursery stock.  Agriculture does not include forest management and timber harvesting activities. Alteration:  A change, addition, or modification requiring construction, including any change in the location of structural member of buildings such as bearing walls, columns, beams, or girders, but not including cosmetic or decorative changes. Animal Husbandry:  Boarding, raising, breeding or keeping of animals, fish or fowl for commercial purposes including without limitation swine, poultry, cattle and horses. Apartment, Accessory:  A separate dwelling unit which is located within and subordinate to a single family detached dwelling, which dwelling was in existence on March 6, 1972, as permitted under subsection 7.1 of this Ordinance. Aquaculture:  The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species. Automobile Oriented Business:  A business establishment which serves its customers while they remain in their motor vehicles, such as a drive in restaurant, drive up bank teller and car wash. Automobile Repair Shop:  A business establishment where motor vehicles and/or their related parts are services, repaired, reconditioned, painted or rebuilt. Automobile Service Station or Gas Station:  A business establishment selling fuel and related products for motor vehicles. Basal Area:  The area of cross-section of a tree stem at 4 1/2 feet above ground level and inclusive of bark. Basement:  Any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50% of its volume below the existing ground level. Bed and Breakfast:  A business establishment having nine (9) or fewer guest rooms in which lodging is offered to guests for compensation and meals may be offered for compensation only to the lodgers. Boat House:  A non residential structure designed for the purpose of protecting or storing boats for non commercial purposes. Boat Launching Facility:  A facility designed primarily for the launching and landing of watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers. Boat Yard:  A business establishment where boats are hauled, stored, built and/or repaired. Body of Water:  The phrase "body of water" includes the following: a.      Tidal water - All waters affected by tidal action and below the upland edge of the coastal wetland as defined by this Ordinance including the Kennebunk River. b.      Pond - An inland impoundment of water, natural or manmade, which collects and stores surface water. c.      Stream - A free flowing body of water from the outlet of a great pond or the confluence of two (2) perennial streams as depicted on the most recent edition of a   United States Geological Survey 7.5 minute series topographic map to the point        where the body of water becomes a river or flows to another body of water or           wetland within the shoreland area.  Streams with floodplains, as indicated by the        FEMA Flood Insurance Rate Maps for the Town of Kennebunkport, shall be   defined as streams for the purposes of this Ordinance along any sections of their    length that are located within the limits of the 100-year floodplain and outside of   the shoreland zone. d.      Great Pond - Any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of thirty (30) acres except, for purposes of this Ordinance, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. e.      River - a free-flowing body of water including its associated floodplain wetlands from that point at which it provides drainage for a watershed of twenty-five (25) square miles to its mouth. NOTE: The portion of a river that is subject to tidal action is a coastal wetland.   f.      Tributary Stream - A channel between defined banks created by the action of surface water which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock, and which is connected hydrologically with other water bodies.  "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity.  This definition does not include the term "stream" as defined elsewhere in this Ordinance, and only applies to that portion of the tributary stream located within the Shoreland Zone of the receiving body of water or wetland. Water setback requirements apply to tributary streams within the Shoreland zone. Building:  Any structure arranged, designed, intended or used for the shelter, housing or enclosure of persons, animals, processes, equipment or property of any kind. Building Footprint:  The area of a lot covered by all portions of any building and/or detached or attached accessory structures, including but not limited to garages, sheds, decks, porches, bulkhead entrances, steps, cantilevered sections, and roof overhangs. Building Height:  The vertical distance measured from the average elevation of the original ground level on all sides with twenty (20) feet of a building to the highest point of the building, not including such building features as chimneys, decorative cupolas, spires or similar non-habitable appurtenances. Campground:  Any area of tract of land to accommodate two (2) or more parties in temporary living quarters, including, but not limited to tents, recreational vehicles or other shelters. Canopy:  The more or less continuous cover formed by tree crowns in a wooded area. Cemetery:  A burial ground for the interment of the dead. Change In Use:  The change from an existing use to another use, including without limitation, the addition of a new use to an existing use. Channel:  A natural or artificial watercourse with defined beds and banks to confine and conduct continuously or periodically flowing water. Channel flow is water flowing within the limits of the defined channel. Child Care Center:  An establishment providing day care for five or more children under the age of sixteen (16) which charges for the care of the children whether in a private home or separate establishment, and whether or not licensed by the State of Maine. Church:  A building or group of buildings arranged, designed, intended or used for the conduct of religious services, and accessory uses associated therewith. Club:  Any voluntary association of persons organized for fraternal, social, religious benevolent, recreational, literary, patriotic, scientific, or political purposes whose facilities are open to members but not the general public, and which is principally engaged in activities which are not customarily carried on for pecuniary gain. Cluster Development:  A type of development where lot sizes are reduced below the minimum requirements of this Ordinance and the land gained thereby is preserved as open space. Coastal Wetland: All tidal and subtidal lands, and any other adjacent lands below an elevation of 7 feet above mean sea level, utilizing the National Geodetic Vertical Datum (NGVD) of 1929.  Coastal wetlands may include portions of coastal sand dunes, and may consist of rocky ledges, sand and cobble beaches, mud flats, etc., in addition to salt marshes and salt meadows. Code Enforcement Officer:  A person appointed by the Municipal Officers to administer and enforce this Ordinance.  Reference to the Code Enforcement Officer shall include the Building Inspector, Plumbing Inspector, Electrical Inspector, and the like, where applicable. Commercial Center:  Commercial premises owned or managed as a single entity, which accommodate more than one retail or service business, including professional offices, and contain between 2,500 and 12,000 square feet of gross floor area. Commercial Complex:  Commercial premises owned or managed as a single entity, which accommodate more than one retail or service business, including professional offices, and contain more than 12,000 square feet of gross floor area, including department stores and grocery stores with more than 12,000 square feet or gross floor area. Commercial Recreation - Indoor:  A business establishment providing indoor recreation facilities such as a bowling alley, skating rink, swimming pool, tennis or racquet ball courts, but not including mechanical, electronic or video game arcades. Commercial Recreation - Outdoor:  A business establishment providing outdoor recreational facilities such as a golf course, tennis courts, swimming pool, ice skating rink, or riding stables, but not including campgrounds, drive in movie theaters, race tracks, water slides or mechanical or motorized rides. Commercial Use:  The use of lands, buildings, or structures, other than a "home occupation," defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units. Community Building:  A building owned by a non profit organization available to the community for purposes of public assembly and community activities. Community Use:  A governmental or public service use for the general benefit of the citizens funded in whole or in part by the Town of Kennebunkport or a quasi public organization, including by way of illustration and without limitation, municipal buildings, schools, public parks and recreational facilities, fire stations, ambulance services and sewage treatment plants. Conditional Use:  A conditional use is a structure or use which is generally inappropriate without restrictions in a given zone, which if controlled as to location, size and off site impacts may have no adverse effects upon the public health, safety or welfare.  The only structures or uses which shall be permitted as conditional uses are those listed as conditional uses in Article 4 or specifically described as conditional uses in other provisions of this Ordinance. Contract Zoning:  The process by which the property owner, in consideration of the rezoning of that property owner's property, agrees to the imposition of certain conditions and restrictions not imposed on other zoned properties. Cross-sectional Area:  The cross-sectional area of a stream or tributary stream channel is determined by multiplying the stream or tributary stream channel width by the average stream or tributary stream channel depth. The stream or tributary stream channel width is the straight-line distance from the normal high-water line on one side of the channel to the normal high-water line on the opposite side of the channel. The average stream or tributary stream channel depth is the average of the vertical distances from a straight line between the normal high-water lines of the stream or tributary stream channel to the bottom of the channel. DBH:  The diameter of a standing tree measured 4.5 feet from ground level. Deck:  A level structure adjacent to a building elevated above the surface of the ground which may have a railing and an awning or other covering, but not a roof. Decorative Changes:  Repainting, residing, reroofing; adding, removing or replacing trim, railings, or other non structural architectural details.         Demolition:  The act of destroying or pulling down a building or structure. Development:  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. Dimensional Requirements: Numerical standards relating to spatial relationships including but not limited to setback, lot area, shore frontage and height. Disability:  Any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness.  This also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or in the case of mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services. Disruption of Shoreline Integrity:  The alteration of the physical shape, properties, or condition of a shoreline at any location by timber harvesting and related activities. A shoreline where shoreline integrity has been disrupted is recognized by compacted, scarified and/or rutted soil, an abnormal channel or shoreline cross-section, and in the case of flowing waters, a profile and character altered from natural conditions.         Dock:  See Pier.         Driveway:  A vehicular access-way for residential use.  See Article 6.14. Dwelling:  Any building or structure or portion thereof containing one or more dwelling units, but not including a motel, hotel, inn or similar use. a.      Single Family Dwelling - A building designed or intended to be used exclusively for residential occupancy by one family only and containing only one (1) dwelling unit, or one dwelling unit with an accessory apartment as permitted under Section 7.1, including a modular home unit.  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. b.      Two Family Dwelling - A building designed or remodeled to be used exclusively for residential occupancy to two (2) families living independently of one another and containing two (2) dwelling units.  Each unit shall have not less than 650 square feet. The dwelling shall have only one (1) 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 (2) dwelling units is permitted.  One (1) dwelling shall be subordinate in size.  The subordinate unit shall not be permitted a Home Occupation.  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. c.      Multiplex Dwelling - A building for residential occupancy by three (3) or more families living independently of one another and containing three (3) or more dwelling units, including apartment buildings and condominiums but excluding single family dwellings with accessory apartments. Dwelling Unit:  One or more habitable rooms arranged, designed or intended to be used, or used as a complete housekeeping unit for one or more individuals living together as a family with independent living, cooking, sleeping, bathing and sanitary facilities. Earth:  Topsoil, sand, gravel, clay, peat, rock, or other minerals. Eldercare Facility:  A residential facility that is licensed in whole or in part as a residential care facility, congregate facility, or assisted living facility by the Maine Department of Human Services and occupied exclusively by elderly persons that provides accommodations, a program of supportive services appropriate to the needs of the residents, and shared community space and dining facilities for the use of residents of the facility.  All residents of the facility shall be fifty-five (55) years of age or older or shall be a member of a household in which one member of the household was at least fifty-five (55) years of age at the time of entry to the facility.  Facilities financed wholly or partially with federal funds may include units available for occupancy by handicapped persons who are not elderly provided that the number of such units is the minimum needed to establish eligibility for the financing program.  To be considered an eldercare facility, at least sixty (60) percent of the residents shall be provided with a program of supportive services that, at a minimum, includes housekeeping assistance, personal care assistance, transportation, social and recreational activities, and one main meal per day served in a common or shared dining room. The accommodations in an eldercare facility may consist of individual dwelling units, residential care units, or a combination of both.  Residential care units shall contain at least two hundred and forty (240) but not more than seven hundred twenty (720) square feet of living area and may have a portable or compact kitchen but shall not have permanent, full kitchen facilities within the unit.   An eldercare facility may include a range of types of housing including, but not limited to, independent living units, congregate units, assisted living units, Alzheimer's care units, boarding care units, respite care units, subacute care units, and similar living units.  Nursing home facilities may be a part of an eldercare facility but a facility that provides nursing home accommodations exclusively shall not be considered to be an eldercare facility.  An eldercare facility may include supportive facilities including, but not limited to, administrative facilities, common dining facilities, care facilities, common areas, temporary housing accommodations for visitors and relatives of residents, maintenance facilities, and similar facilities necessary for the operation of the facility or the provision of services to the residents of the facility and other elderly people and/or people with disabilities such as healthcare, restorative therapies, rehabilitation services, financial services, personal care services, and other services that meet the day-to-day needs of the residents of the facility. Emergency Operations:  Operations conducted for the public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement, and operations to rescue human beings and livestock from the threat of destruction or injury. Essential Services:  Gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings which are necessary for the furnishing of such services. Expansion of a Structure:  An increase in the floor area or volume of a structure, according to the provisions of Article 8 of this Ordinance. Expansion of Use:  The addition of one or more months to a use's operating season; or the use of more floor area or ground area devoted to a particular use.  See Article 8 for specific standards and exemptions. Extractive Industries:  The excavation, processing or storage of soil, topsoil, peat, loam, sand, gravel, rock or other mineral deposits, not including: a.      The excavation of material incidental to approved construction of buildings, driveways or parking areas. b.      The excavation of material incidental to and at the site of construction or repair of streets. c.      The excavation, processing or storage of less than ten (10) cubic yards of material on a lot within a one year period. Family:  One or more persons occupying a dwelling unit and living together as a single housekeeping unit where all occupants have common use and access to all living and eating areas, bathroom, and food preparation and serving areas. Farm stand:  A roadside stand not exceeding 400 square feet in floor area selling only farm, garden, greenhouse, or nursery products and, between Labor Day and Christmas, cut Christmas trees, garlands, wreaths and wreath materials.  In addition to products or produce raised or produced on the premises, farm and garden products may include: a.      Goods processed on the premises under a home food manufacturing license from the Maine Department of Agriculture; and b.      Fresh produce purchased off-site to supplement sales during the growing season and agriculturally related products provided that such produce and products do not occupy more than 25% of the space devoted to Farm Stand permitted sales. For the purpose of the Ordinance, "agriculturally related products" includes such items as homemade jams and jellies, honey, cheese, dairy products, baked goods, herbs and spices, ice cream and maple syrup.  These products are to be produced privately or by an approved home occupation. Retail sales only to include items that are wholesale purchased fresh produce or items defined under agriculturally related products.  Any licenses, either State or Federal, are the owner/applicant's responsibility to obtain and maintain.  (Also see Agriculturally Related Products) Fishing Equipment:  Personal property designed, intended or used in connection with commercial and/or recreational fishing activities including boats, nets, buoys, traps and line. Fish Processing:  The loading, unloading, packing, processing and packaging of edible fish and other seafood products but not including processing of fish wastes or fish by products. Float:  A floating structure, designed to rise and fall with the tide or wave action, which provides direct access to a watercraft secured alongside, and is usually connected to the shore or to a pier, dock or wharf by a ramp. Floodway:  The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by more than one foot in height. Floor Area:  The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.  See Article 8 for standards and exemptions when measuring floor area for the purpose of determining allowable expansions of nonconforming uses or structures. Forest Management Activities:  Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads. Forested Wetland:  A freshwater wetland dominated by woody vegetation that is six (6) meters tall (approximately twenty (20) feet) or taller.  Forested wetlands of greater than 2 contiguous acres, which are not adjacent to a surface water body, but nonetheless are found within any Shoreland Zone, are subject to inclusion in the Resource Protection District, pursuant to Article 5, but shall not require any Shoreland Zoning structure setbacks. Forest Stand:  A contiguous group of trees sufficiently uniform in age class distribution, composition, and structure, and growing on a site of sufficiently uniform quality, to be a distinguishable unit. Foundation:  The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frostwalls, or other base consisting of concrete, block, brick or similar material. Freshwater Wetland:  Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are: 1.      Of ten or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook, such that in a natural state, the combined surface area is in excess of 10 acres; and 2.      Inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils. 3.      Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.   4.       Freshwater or forested wetlands of less than 10 contiguous acres but greater than 2 contiguous acres, which are not adjacent to a surface water body, but nonetheless are found within any Shoreland Zone, are subject to inclusion in the Resource Protection District, pursuant to Article 5, but shall not require any Shoreland Zoning structure setbacks.  Freshwater or forested wetlands less than 2 acres are not subject to inclusion in the Resource Protection District and shall not require any Shoreland Zoning structure setbacks. Frontage, Street:  The horizontal distance measured in a straight line between the intersections of the side lot lines with the right of way of a street. Frontage, Shore:  The horizontal distance, measured in a straight line, between the intersections of the side lot lines of a lot with the shoreline at the normal high water mark. Functionally Water-Dependent Uses:  Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and that cannot be located away from these waters. The uses include, but are not limited to commercial and recreational fishing and boating facilities, excluding recreational boat storage buildings, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, retaining walls, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water that cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to coastal or inland waters.         Great Pond:  See "Body of Water". Ground Cover:  Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor. Half Story:  That story of a building immediately beneath a sloping roof when not more than fifty percent (50%) of its floor space can accommodate a seven and a half foot (7 ?') ceiling.  A half story may be used for any purpose that is permissible for a full story. Hand Crafts:  The manufacturing of handcrafted articles, such as ceramics, leather goods and jewelry. Harvest Area:  The area where timber harvesting and related activities, including the cutting of trees, skidding, yarding, and associated road construction take place. The area affected by a harvest encompasses the area within the outer boundaries of these activities, excepting unharvested areas greater than 10 acres within the area affected by a harvest. Health Institution:  A public or private facility that provides services for health maintenance or the diagnosis and/or treatment of human disease, pain, injury, or physical condition including but not limited to hospitals, health centers, clinics, treatment centers, and similar institutions.  Health Institutions do not include facilities that provide long- term residential care such as nursing homes or eldercare facilities nor the professional offices of doctors, psychiatrists, or other health care professionals. Height:  See Building Height. Home Occupation:  An occupation or profession which is customarily conducted on or in a residential structure or property and which is 1) clearly incidental to and compatible with the residential use of the property and surrounding residential uses; and 2) which employs no more than two (2) persons other than family members residing in the home.  See section 7.6 of this ordinance. Hotel:  A building or group of buildings having ten (10) or more guest rooms in which lodging, or meals and lodging, are offered for compensation, including motels, tourist courts, motor lodges and cabins. Impervious Surface:  That portion of a lot or site which is or will be improved with buildings, structures, driveways, parking lots, pedestrian walkways, signs and other improvements on the surface of the ground which are more impervious to water than the natural surface of the site. Increase in Nonconformity of a Structure:  Any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity such as, but not limited to, reduction in water body, tributary stream or wetland setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. Industrial:  The assembling, fabrication, finishing, manufacturing, packaging or processing of goods, or the extraction of minerals. Inn:  A business establishment having nine (9) or fewer guest rooms in which lodging is offered to guests for compensation and meals may be offered for compensation to the lodgers and the general public. Institutional:  A non-profit or quasi-public use, or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes. Invasive Plant Species:  A non-native (adventitious) species that is capable of moving aggressively into a habitat and monopolizing resources such as light, nutrition, water, and space to the detriment of other species.  (Note: For guidance consult the "Invasive Plant Atlas of New England", Department of Ecology and Evolutionary Biology, University of Connecticut for the current approved listing of invasive plants or a list provided at the Town Office.)          Junkyard: a.      Automobile graveyard:  a yard, field or other area used as a place of storage for three (3) or more unserviceable, discarded, worn out or junked automobiles. b.      Junkyard:  a yard, field or other area used as a place of storage for discarded, worn out or junked plumbing, heating supplies, household appliances, furniture, discarded scrap and junked lumber, old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and scrap iron, steel and other ferrous and non ferrous material, including garbage dumps, waste dumps and sanitary land fills. Kennel:  Any commercial establishment where dogs and/or cats are kept or boarded for a fee or where animal grooming is performed for a fee. Land Management Road:  A route or track consisting of a bed of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by, the passage of motorized vehicles and used primarily for timber harvesting and related activities, including associated log yards, but not including skid trails or skid roads. Library:  A non profit facility, publicly or privately owned, open to all members of the public, where books, manuscripts, musical scores, or other literary and artistic materials are kept for use, as the principal use of the premises.         Licensed Forester:  A forester licensed under 32 M.R.S.A. Chapter 76. Lot:  An area of land in one ownership, or one leasehold with ascertainable boundaries established by deed or other instrument of record, or a segment of land ownership defined by lot boundary line on a subdivision plan duly approved by the Planning Board and recorded in the York County Registry of Deeds. Lot Area:  The total area located within the lines of a lot as measured on a horizontal plan. Lot, Corner:  A lot with at least two contiguous sides abutting upon a street or right of way. Lot Coverage:  The percentage of the lot covered by structures.  Within the Shoreland Zone, lot coverage shall include driveways, parking lots, and other non-vegetated surfaces. Lot, Interior:  Any lot other than a corner lot. Lot Lines:  The property lines bounding a lot as defined below: a.      Front Lot Line:  On an interior lot the line separating the lot from the street or private road.  On a corner or through lot, the line separating the lot from each street or right of way. b.      Rear Lot Line:  The lot line opposite the front lot line.  On a lot point at the rear, the rear lot line shall be an imaginary line between the side lot lines parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line.  On a corner lot, the rear lot line shall be opposite the front lot line of least dimension. c.      Side Lot Line:  Any lot line other than the front lot line or rear lot line. Lot Minimum Area:  See Minimum Lot Area. Lot of Record:  A parcel of land, a legal description of which or the dimensions of which are recorded on a document or map on file with the York County Registry of Deeds as of March 12, 1985, or as of the effective date of any amendment to this Ordinance, as the case may be. Lot Width:  The width of any lot as measured wholly within the lot at the required front setback along a line parallel to the straight line connecting the intersections of the front lot line with the side lot lines. Manufactured Home:  A structure or structures having the meaning given to  "manufactured housing" as defined in 30 A M.R.S.A. Section 4358 (1) (A), provided that, for purposes of this section, such structural units are transportable in no more than two sections. Manufactured Housing:  A structural unit designed for human occupancy, constructed in a manufacturing facility and then transported by the use of its own chassis, or placed on an independent chassis, to a building site, as defined more specifically in 30 A M.R.S.A. Section 4358 (1) (A). Manufacturing:  The making of goods and articles by hand or machinery including assembly, fabrication, finishing, packaging and processing. Marina:  A business establishment having frontage on the navigable waters within the Town which offers for rent or sale to the boating public:  moorings, dock space, boats and marine equipment, shower and laundry facilities, water, ice, diesel fuel, gasoline, oil and related products; and where boats may be hauled, stored, repaired and/or constructed. Marina, Commercial:  A business establishment having frontage on the navigable waters within the Town, which business establishment offers for rent or sale to persons engaged in commercial fishing, lobstering, or other harvesting of marine resources, but not to pleasure craft, some or all of the following:  moorings, dock space, boats and marine equipment, shower and laundry facilities, water, ice, diesel fuel, gasoline, oil and related products; and where boats may be hauled, stored, repaired and/or constructed. Marine Transport Services:  The providing of marine transportation for consideration including, but not limited to, whale watches, fishing excursions, cruises with or without a specific destination, ferries, boat charter and excursion services. Market Value:  The estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels. Mineral Exploration:  Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition. Mineral Extraction:  Any operation within any twelve (12) month period which removes more than one hundred (100) cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat, or other like material from its natural location and to transport the product removed, away from the extraction site. Minimum Lot Area:  The lot area, less the area of any land subject to rights of way or  drainage or stormwater management easements, or any other easements other than utility easements servicing the lot and also excluding lands which are below the normal high water mark of any water body or wetlands, as defined by this Ordinance, regardless of size. Minimum Lot Width:  The closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines. Mobile Home:  Any unit of manufactured housing constructed prior to June 15, 1976, or which is not included in the definition of manufactured housing unit. Mobile Home Park:  A parcel of land under unified ownership designed and/or used to accommodate three or more manufactured homes.         Mobile Home Park Lot:  The area of land on which an individual manufactured home is situated within a mobile home park and which is reserved for use by the occupants of that housing unit.                          Modular Home:  A structure or structures as defined in 30-A M.R.S.A. Section 4358(1)(A)(2), which are transportable in one or more sections, which are not constructed on a permanent chassis and which are designed to be used as dwellings on foundations when connected to required utilities.  A modular home is a type of "manufactured housing" as defined herein and in 30-A M.R.S.A. Section 4358(1)(A).         Motel:  See "Hotel".         Multiplex:  See "Dwelling", definition c.         Museum:  A non profit institution operated principally for the purpose of preserving and exhibiting objects of historical, cultural, scientific or artistic interest and which may also engage in incidental retail sales of items related to its principal purpose. Native:  Indigenous to the local forests.         Net Residential Area:  The area of a lot or site available for development determined by the Code Enforcement Officer by subtracting from the gross acreage of a lot the following:                  a.      15% for roads and parking.          b.      Land which is cut off from the main parcel by a road, existing land uses, or where no means of access has been provided so that it is isolated and unavailable for building purposes or for common use.          c.      Land shown to be in the flood way or coastal high hazard area on a flood boundary and flood way map or flood insurance rate map prepared by the U.S. Department of Housing and Urban Development or its successor agency.          d.      Other areas which are unsuitable for development in their natural state because of topography, drainage or subsoil condition.  Specific conditions include but are not limited to:                  (1)     Water table at or near the surface for all or part of the year.         (2)     Unstable soils such as Sebago mucky peat, coastal dune or tidal marsh.         (3)     Wetlands of any kind regardless of area.          e.      Land in rights of way or drainage or stormwater management or easements other than utility easements serving the premises except tree maintenance easements granted to the Town. f.      Land in the Resource Protection Zone. g.      Wetland that has been filled.         Net Residential Density:  The number of dwelling units per area of net residential area. Non-Conforming Condition:  Non-conforming lot, structure or use which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendment took effect. Non-Conforming Lot:  A single lot of record which, at the effective date of adoption or amendment of this Ordinance, does not meet the area, frontage, or width requirements of the district in which it is located. Non-Conforming Structure:  A structure which does not meet any one or more of the following dimensional requirements; setback, height, or lot coverage, but which is allowed solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect. Non-Conforming Use:  Use of buildings, structures, premises, land or parts thereof which is not allowed in the district in which it is situated, but which is allowed to remain solely because it was in lawful existence at the time this Ordinance or subsequent amendments took effect. Normal High-Water Line (non-tidal waters):  That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support non-forested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high-water are considered part of the river or great pond. Normal High-Water Line (tidal waters):  The upland edge of the "coastal wetland," as defined by this Ordinance.         Nursing Home:  A facility licensed by the Maine Department of Human Services that provides skilled nursing care and medical services for convalescent or other patients who are not in need of hospital care but do require licensed nursing supervision and related medical services provided under the general direction of persons licensed to practice medicine in the State of Maine.         One Hundred (100) Year Flood Plain:  That area with a 1% chance of flooding in any given year, as depicted as the special flood hazard area on the most recent Flood Insurance Rate Map for the Town of Kennebunkport, prepared by the Federal Emergency Management Agency.         Open Space:  The portion of a lot or site which is maintained in its natural state or planted with grass, shrubs, trees or other vegetation and which is not occupied by buildings, structures or other impervious surfaces.         Parking, Commercial:  A business which offers parking facilities to the general public for a fee, when the parking facilities are the principal use on the lot.         Parking Space, One:  An area of ten (10) feet x twenty (20) feet, exclusive of drives or aisles, for the parking of a vehicle. Parking, Temporary Overflow Public:  Parking of vehicles for the general public for no more than 24 days per year per site, located on land owned, operated or controlled by the Town of Kennebunkport, as authorized by the Board of Selectmen.         Patio:  A floored structure without any walls or roof that does not extend more than 3 inches above the original ground level.  A patio shall be considered to be a structure and shall be subject to setback requirements. Person:  An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity. Pier (or Dock or Wharf), Accessory Residential:  A rigid platform, accessory to a structure or structures devoted to residential uses, extending from a shore over water and supported by piles or pillars, and used to secure, protect, and provide access to boats or other water-based activity.  In order to access craft on tidal waters, the pier is usually connected to a float by a ramp.         Piers, Docks, Wharves, Bridges and Other Structures and Uses extending over or beyond the normal high-water line or within a wetland:                  a.      Temporary:  Structures which remain in the water for less than seven (7) months in any period of twelve (12) consecutive months.                  b.      Permanent:  Structures which remain in the water for seven (7) months or more in any period of twelve (12) consecutive months.                                  Pond:  See "Body of Water".         Porch:  A structure that is attached to a building that consists of a floor and a wall or walls and which also contains framing that supports a roof, all of which (the total structure) is built to resist wind, rain and snow load and which structure may be open or enclosed by screening.  A fabric-covered structure is not considered to be a porch under this definition.         Portable Toilet:  A portable, enclosed, self-contained unit, with or without other utilities, whose purpose is the collection of human waste into self-contained tanks.  Portable toilets consist of 4 exterior walls, a roof, self-closing doors and may have more than one bathroom unit under one common roof.                        Principal Building:  The building in which the primary use of the lot is conducted.         Principal Use:  The primary use to which the premises are devoted or for which the premises are arranged, designed or intended to be used.         Professional and Business Offices:  The place of business of doctors, lawyers, accountants, financial advisors, architects, surveyors, real estate and insurance agents, psychiatrists, psychologists, counselors, and the like, or in which a business conducts its administrative, financial or clerical operations and also including providers of personal services such as barbers, hairdressers and beauticians.         Public Facility:  Any facility not otherwise defined by this Ordinance, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity.         Public Hospitality Facility:  A public restroom facility and/or a facility offering information to the general public about the amenities, services and businesses in the Town of Kennebunkport or the surrounding area, which is funded in whole or in part by the Town of Kennebunkport or by a non profit public service organization such as a chamber of commerce. Public Hospitality Facility, Temporary:  A public restroom facility consisting of portable toilet(s), operated by the Town of Kennebunkport on property owned or operated by the town or in a town right-of-way, placed for less than six months per calendar year on a vacant lot or on a lot occupied by a pre-existing use/structure, and screened from view by landscaping and/or fencing, forming a visual barrier not less than five (5) feet in height along all public streets and exterior lot lines, except that the entrance(s) and appurtenances thereto of said facility may be kept open and unscreened to permit foot traffic to and from said facility.         Public Utility:  Any person, municipal department or other entity authorized to furnish water, gas, electricity, waste disposal services, communication facilities or transportation to the public. Recent Floodplain Soils:  The following soil series as described and identified by the National Cooperative Soil Survey:           Fryeburg        Hadley          Limerick         Lovewell        Medomak Ondawa         Alluvial                Cornish         Charles         Podunk          Rumney  Saco         Suncook Sunday          Winooski Recreational Facility:  A place designed and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities, excluding boat-launching facilities.         Recreational Vehicle:  A vehicle or vehicular attachment designed to be towed, and designed for temporary sleeping or living quarters for one or more persons, and which may include a pick up camper, travel trailer, tent trailer, camp trailer, and motor home, or converted van or truck.  In order to be considered as a recreational vehicle, the unit must remain with its tires on the ground, and must be registered with the State Division of Motor Vehicles.  Recreational vehicles are not residential dwelling units or structures. Replacement System (wastewater disposal):  A system intended to replace: 1.) an existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure, or 2.) any existing overboard wastewater discharge. Residual Basal Area:  The average of the basal area of trees remaining on a harvested site. Residual Stand:  A stand of trees remaining in the forest following timber harvesting and related activities Resource Protection Zone:  An overlay zone which intentionally covers one or more of the zones described in Article 3, as further defined in Article 3.3.L.         Restaurant:  An establishment where food and drink are prepared and served to the public and where no food or beverages are served directly to occupants of motor vehicles.         Retail Business:  A business establishment engaged in the sale of goods or services to an ultimate consumer for direct use or consumption and not for resale, not including automobile oriented businesses, electronic, mechanical or video game arcades, or other retail businesses expressly defined elsewhere in this article. Riprap:  Rocks, irregularly shaped, and at least six (6) inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two (2) units horizontal to one (1) unit vertical or less. River:  See "Body of Water."         Road:  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, excluding a driveway as defined.         Roomer:  A person residing in and paying rent for a room in a single family dwelling whether or not the person eats meals on the premises. Salt marsh:  Areas of coastal wetland (most often along coastal bays) that support salt tolerant species, and where at average high tide during the growing season, the soil is irregularly inundated by tidal waters. The predominant species is saltmarsh cordgrass (Spartina alterniflora). More open areas often support widgeon grass, eelgrass, and Sago pondweed. Salt Meadow:  Areas of a coastal wetland that support salt tolerant plant species bordering the landward side of salt marshes or open coastal water, where the soil is saturated during the growing season but which is rarely inundated by tidal water. Indigenous plant species include salt meadow cordgrass (Spartina patens) and black rush; common threesquare occurs in fresher areas.         School:  An institution for education or instruction including a college, university, and public or private school conducting classes pursuant to a program approved by the State Board of Education or similar governmental agency, but not including commercially operated schools such as schools of beauty, culture, business, dancing, driving, music or recreation which shall be deemed retail businesses.         Seasonal Use:  Occupancy or use for 180 continuous days or less, but generally between April 15 and October 15 of each year. Service Drop:  Any utility line extension which does not cross or run beneath any portion of  a water body provided that: 1.      in the case of electric service: a.      the placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and b.      the total length of the extension is less than one thousand (1,000) feet. 2.      in the case of telephone service: a.      the extension, regardless of length, will be made by the installation of telephone wires to existing utility poles, or b.      the extension requiring the installation of new utility poles or placement underground is less than one thousand (1,000) feet in length.         Setback:  The horizontal distance from a lot line to the nearest part of a structure.         Setback from Water:  The horizontal distance from the normal high water line of a water body or tributary stream, or upland edge of a wetland, or the upland edge of the coastal wetland as defined by this Ordinance, to the nearest part of a structure, road, parking space or other regulated object or area.         Ship Chandlery:  A retail store located within a marina selling supplies and equipment for boats.         Shore Frontage:  The length of a lot bordering on streams, ponds, rivers, tidal waters, or coastal or freshwater wetlands, measured in a straight line between the points of intersection of the lot lines with the shoreline. Shoreland Zone:  The land area located within two hundred and fifty (250) feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a coastal wetland, including all areas affected by tidal action; within 250 feet of the upland edge of a freshwater wetland; or within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream.  The Critical Edge and Resource Protection Zones are contained within the Shoreland Zone.  See Article 3.3, subsections K - M. Shoreline:  The normal high-water line, or upland edge of a freshwater or coastal wetland.         Sign:  An object, device or display, or part thereof, situated outdoors or indoors, which is directed at persons outside the premises, used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Skid Road or Skid Trail:  A route repeatedly used by forwarding machinery or animal to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation. Slash:  The residue, e.g., treetops and branches, left on the ground after a timber harvest.         Story:  That portion of a building contained between any floor and the floor or roof next above it, but not including any portion so contained if more than one half of such portion vertically is below the average mean finished grade of the ground adjoining such building.                 Stream:  See "Body of Water".         Street:  An existing state, county, or town way or a street dedicated for public use and shown upon a subdivision plan duly approved by the Planning Board and recorded in the York County Registry of Deeds or a street dedicated for public use and shown on a plan duly recorded in the York County Registry of Deeds prior to the establishment of the Planning Board.  The term "street" shall not include ways which have been discontinued or abandoned. Structure:  Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind together with anything constructed or erected with a fixed location above, below or upon the surface of the ground or water.  Not all structures are subject to setback requirements.  See section 6.1 for exemptions. Substantial Start:  Completion of thirty (30) percent of a permitted structure or use measured as a percentage of estimated total cost. Subsurface Sewage Disposal System:  Any system designed to dispose of waste or waste water on or beneath the surface of the earth; includes, but is not limited to: septic tanks; disposal fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 38 M.R.S.A. section 414, any surface waste water disposal system, or any municipal or quasi-municipal sewer or waste water treatment system.. Sustained Slopes of 20%, Areas of:  A measurable land area with steep topography, where a change in elevation of 20%, or twenty feet of vertical change per one hundred feet of horizontal change, is substantially maintained or exceeded throughout.                                  Temporary Overflow Public Parking:  See "Parking, Temporary Overflow Public"         Terrace:  See Patio.         Theater:  A fully enclosed building used for display or presentation to the public of films, plays or other kinds of performances.                 Tidal Water:  See "Body of Water".         Timber Harvesting:  The cutting and removal of timber for the primary purpose of selling or processing forest products.  The cutting or removal of trees in the shoreland zone on a lot that has less than two (2) acres within the shoreland zone shall not be considered timber harvesting.  Such cutting or removal of trees shall be regulated pursuant to Article 5.6. Timber Harvesting and Related Activities:  Timber harvesting, the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting.         Trailer:  A vehicle without motive power and not intended for human occupancy, designed to be towed by a motor vehicle including a utility trailer, boat trailer, horse trailer, or snowmobile trailer.                 Tributary Stream:  See "Body of Water". Upland Edge of a Wetland:  The boundary between upland and wetland. For purposes of a coastal wetland, this boundary is the contour line, established as 7 feet above mean sea level, utilizing the National Geodetic Vertical Datum (NGVD) of 1929. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation; or where the soils support the growth of wetland vegetation, but such vegetation is dominated by woody stems that are six (6) meters (approximately twenty (20) foot) tall or taller.         Use:  The purpose for which land or a building or structure is arranged, designed or intended, or for which it is occupied.         Variance:  A relaxation of the terms of the zoning ordinance which impose restrictions of height, lot coverage, lot size, or setback as permitted by Article 9.2.B and 9.2.C of this Ordinance. Vegetation:  All live trees, shrubs, and other plants including without limitation, trees both over and under 4 inches in diameter, measured at 4 1/2 feet above ground level.         Velocity Zone:  An area of special flood hazard extending from offshore to the inland limit of the primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources, as shown on the most recent FEMA Flood Insurance Rate Map.          Volume of a Structure:  The volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.         Warehouse:  A structure or building used primarily for the storage of articles, goods or materials. Water Body:  See "Body of Water". Water Crossing:  Any project extending from one bank to the opposite bank of a river, stream, tributary stream, or wetland whether under, through, or over the water or wetland. Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings. This definition includes crossings for timber harvesting equipment and related activities. Wetland:  Any of the various types of wetlands defined by this Ordinance. Wetland, Coastal:  See "Coastal Wetland". Wetland, Forested:  See "Forested Wetland". Wetland, Freshwater:  See "Freshwater Wetland". Wetlands Associated with Great Ponds and Rivers:  Wetlands contiguous with or adjacent to a great pond or river, and which, during normal high water, are connected by surface water to the great pond or river.  Also included are wetlands which are separated from the great pond or river by a berm, causeway or similar feature less than 100 feet in width, and which have a surface elevation at or below the normal high water mark of the great pond or river.  Wetlands associated with great ponds or rivers are considered to be part of that great pond or river. Wetland, Inland:  Areas enclosed by the normal high water mark of any inland body of water; areas which are identified as having very poorly drained soils by the Soil Survey of York County, Maine, issued June 1982 by the U.S.D.A. Soils Conservation Service; and areas defined as freshwater wetlands by 38 M.R.S.A. Section 406, et seq. to be shown on Inland Wetland Maps prepared by the Maine Department of Environmental Protection. Wholesaling:  A business establishment engaged in the bulk sale of goods or materials not manufactured or processed on the premises. Windfirm:  The ability of a forest stand to withstand strong winds and resist windthrow, wind rocking, and major breakage. Woody Vegetation:  Live trees or woody, non-herbaceous shrubs. Zoning Envelope:  The area of a lot within which a structure is permitted to be built, and which is defined by subtracting out those portions of the subject lot that fall within the required setbacks from the front, side, and rear property lines, and from the normal high water mark of any water body or coastal wetland, as defined in this Article. ARTICLE 3 - ESTABLISHMENT OF ZONES 3.1     Zoning Districts For the purposes of this Ordinance, the Town shall be divided into the following zones: A.      The Village Residential Zone A 1.    The Village Residential East Zone B.      The Dock Square Zone C.      The Riverfront Zone D.      The Cape Arundel Zone E.      The Goose Rocks Zone F.      The Cape Porpoise East Zone G.      The Cape Porpoise Square Zone H.      The Cape Porpoise West Zone I.      The Free Enterprise Zone         J.      The Farm & Forest Zone K.      The Shoreland Zone L.      The Resource Protection Zone 3.2     Official Zoning Maps A.      Signed Copies on File The above zones are located as shown on the official Zoning Maps, entitled "Kennebunkport Zoning Map" and "Kennebunkport Shoreland Zoning Map".  The boundaries on the Zoning Maps are based upon the written descriptions contained in Section 3.3 of this Ordinance.  The Official Maps, and any subsequently amended copies, shall be signed by both the Chair of the Planning Board and the Town Clerk within 30 days of adoption by the Town Meeting, and shall be kept on file in the Municipal Offices as a public record.  Said maps shall be available for inspection during normal business hours.         B.      Authority to Interpret Maps The Code Enforcement Officer shall have sole authority to interpret zoning maps, except where another municipal official or body is specifically empowered to administer a related provision of this Ordinance.                                    C.      Rules for Interpreting Boundaries        When uncertainty exists with respect to district boundaries as shown upon the above maps, the following rules shall apply: 1.      In case of any conflict between these maps and the specific descriptions of Zoning District boundaries in Section 3.3, the written description shall govern; 2.      Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines; 3.      Boundaries indicated as approximately following well-established lot lines shall be construed as following such lot lines; 4.      Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits; 5.      Boundaries indicated as following shorelines shall be construed to follow the normal high water mark, and in the event of natural change in the shoreline shall be construed as moving with the actual shoreline; 6.      Boundaries indicated as approximately following the center line of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center line; 7.      Boundaries indicated as being parallel to or extensions of features indicated in paragraphs 1 through 6 above shall be so construed; 8.      Distances not specifically indicated on the Zoning Map or in Section 3.3 shall be determined by the scale of the map; 9.      Where physical or cultural features existing in the field are at variance with those shown on the Zoning Map, or in any situation where the interpretation of zoning boundaries or the location of the normal high water mark is problematic, the Code Enforcement Officer may require the applicant to provide a field determination by a suitably qualified person or firm.  The depictions of the Resource Protection Zone and the Shoreland Zone are merely illustrative of their general locations.  In the event of a dispute, the boundaries of these districts shall be measured in the field by a suitably qualified person or firm, at the applicant's expense, according to the distances in Section 3.3 from the actual field location of the normal high water mark.          D.      Code Officer's Interpretation May be Appealed In the event that a dispute can not be resolved by the use of the rules in section 3.2.C above, the applicant or the Code Enforcement Officer may refer the matter to the Board of Appeals who shall interpret location of the disputed zoning district boundaries or location of the normal high water mark, pursuant to the procedure for administrative appeals, as set forth in section 9.2.  The Code Enforcement Officer shall provide copies of any such administrative appeal application to both the Conservation Commission and the Growth Planning Committee, so these bodies may have an opportunity to provide background information, comments and recommendations to the Board of Appeals regarding interpretation of the official maps. 3.3     Zone Boundaries A.      Village Residential Zone:  Beginning at a point, being the intersection of the          channel of Goff's Mill Creek and the channel of the Kennebunk River, and proceeding northerly by said channel of Goff's Mill Creek, being the Town Line,    to the intersection of said creek and Arundel Road, thence easterly by Arundel Road to a granite stone post at the easterly corner of Merrill Cemetery, thence generally southerly and easterly to a granite post on the southerly corner of land now or formerly of Palmer Clough and on the westerly side of North Street, thence south on North Street to the intersection of Beachwood Road, thence by Beachwood Road northeasterly to the northerly corner of land now or formerly of Moore, thence southeasterly by land of said Moore and of Fred Merrill to the southerly corner of land of Fred Merrill at land of Bishop Hutchins, thence northeasterly on the line between the said Merrill and Hutchins lands to a corner, thence southeasterly on the line between said Merrill and Hutchins lands and a projection thereof to the transmission line of Central Maine Power Company, thence by said transmission line southerly to the southerly border of land now or formerly of Arline Frink and turning northeasterly by said line one hundred and five rods, thence southeasterly by southwesterly bound of said Frink a distance of forty rods more or less, thence southwesterly by northwesterly bound of land now or formerly of John Smith a distance of thirty rods, thence southeasterly by southwesterly boundary of John Smith land a distance of sixty two rods to School Street (Buttonwood Road), thence directly across said School Street to the Old William Cluff Farm Road, thence southerly by said Farm Road to the end of an ancient right of way leading by easterly boundary of Old District No. 13 School to         the Wildes District Road, thence westerly by said Wildes District Road to land formerly of Kenneth Roberts, thence southerly by a stone wall between Roberts and (formerly) Rankin six hundred and ninety five feet, thence easterly nearly at right angles on a line between Roberts and Rankin three hundred and eighty eight feet, thence southerly by a stone wall marking the boundary between Roberts and land now or formerly of Wildes to a corner and land of the Kennebunkport Seashore Company, thence generally southwesterly by land formerly of Roberts and northerly bound of land of Kennebunkport Seashore Company to land now or formerly of Oscar Cox, thence by easterly bound of Cox and westerly bound of Roberts by a wall and land of Cox to the northeasterly corner of land of Cox, thence by northerly bound of Cox and southerly bound of Roberts and in part by a stone wall to the land of Henry W. Hoagland, thence by northerly bound of Hoagland to South Maine Street, thence southerly by Maine Street (South) to Fairfield's Creek at the juncture of a way once laid out as Glen Haven Avenue, thence directly to the thread of Fairfield's Creek at a point being the intersection of the northwesterly line of land on the northeasterly side of King's Highway of the Kennebunkport Seashore Company (and Braun) extended, thence by said thread of Fairfield's Creek generally northerly to Ocean Avenue, thence in a northerly direction along the center line of Ocean Avenue to the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 8, Block 1, Lot 14 (now or formerly owned by Gourley); thence in a westerly direction along the southerly boundary of said Gourley lot and a projection of said bound to the thread of the Kennebunk River, thence upriver along the thread of the Kennebunk River to the intersection of said thread with a westerly projection of the northerly bound of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 8, Block 1, Lot 20 (now or formerly owned by Edmands), thence easterly along said projection and said northerly bound to Ocean Avenue, thence by Ocean Avenue northerly to Chestnut Street, thence easterly by Chestnut Street to the westerly bound of land shown on the 1980 Town of Kennebunkport Assessors Maps as Map 11, Block 9, Lot 12 (now or formerly owned by Chetwynd); thence northwesterly by said Lot 12 to Lot 10 (now or formerly of Schmalo); then northeasterly by Lot 10 and Lot 9 (now of Port Building Trust) to the easterly corner of Lot 9; thence northwesterly by the northeasterly side of Lot 9 to Union Street, thence by Union Street easterly to Cross Street, thence northerly by Cross Street to Spring Street, thence easterly by Spring Street to Temple Street, thence by Temple Street northerly to the southerly bound of land now or formerly of the Olympian Club, thence westerly by land of Olympian Club to southwesterly bound of land of said Olympian Club, thence northerly by land of Olympian Club and continuing across the exit from the Municipal parking lot to the northerly bound of said exit, thence by the northerly bound of said exit and by the northerly bound of the Municipal parking lot to the Town boundary at the thread of the Kennebunk River, thence by said Town boundary to the point of beginning. A 1.    Village Residential East Zone:  Beginning at the intersection of the center line of the Wildes District Road with the centerline of the Perkin's Road (now Land's End Road), thence generally southerly by the centerline of said Perkin's Road extended to the flats at Cross Creek at a granite monument now fallen, thence on said line to the thread of Turbats Creek, thence in a southerly direction along the thread of Turbats Creek to the Atlantic Ocean, thence westerly by the Atlantic Ocean to the northeasterly boundary of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 1, Lot 77, thence along the northeasterly boundary of said lot and of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 1, Lot 19 to Ocean Avenue, thence crossing Ocean Avenue and proceeding northwesterly on the northeast side of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 4, Lot 5 (now or formerly of Kashey), thence continuing on this line northwesterly on the northeast boundary of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 4, Lot 4 (now or formerly of Kennebunkport Seashore Company), thence southwesterly on the line between said Seashore Company lot and the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 4, Lot 35 (now or formerly of Matthews), thence northwesterly on the southwest side of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 20, Block 4, Lot 35, thence northwesterly on the southwest side of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 21, Block 1, Lot 8, thence westerly three hundred eighty eight (388) feet along the boundary between land formerly of Roberts shown on the 1980 Town of Kennebunkport Assessors Maps as Map 8, Block 3, Lot 18 and land formerly of Rankin, thence nearly at a right angle northerly by a stone wall six hundred ninety five (695) feet along the boundary between land formerly of Roberts shown on the 1980 Town of Kennebunkport Assessors Maps as Map 9, Block 10, Lot 23 and land formerly of Rankin to the centerline of the Wildes District Road, thence easterly along the centerline of the Wildes District Road to its point of intersection with an extension of the easterly sideline of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 9, Block 4, Lot 31, thence northerly along the westerly sideline of a private right of way lying on the easterly boundary of the lots shown on the 1980 Town of Kennebunkport Assessors Maps as Map 9, Block 4, Lots 31 and 28, and an extension thereof to the intersection of the westerly sideline of said private right of way with a line running five hundred (500) feet northerly of and parallel to the centerline of the Wildes District Road, thence northeasterly along said line running five hundred (500) feet northerly of and parallel to the centerline of the Wildes District Road to the centerline of the Perkin's Road, thence southeasterly along the centerline of the Perkin's Road to its point of intersection with the centerline of the Wildes District Road at the point of beginning. B.      Dock Square Zone:  Beginning at a point being the intersection of the southerly bound of land now or formerly of Nedeau and Thompson and Ocean Avenue, thence westerly by said southerly bound and continuing on the same course to the thread of the Kennebunk River and Town Line, thence generally northerly by said thread and Town Line to the intersection of the northerly bound of the Kennebunkport Municipal Parking Lot continued, thence by said northerly bound generally northerly and easterly to the southwesterly bound of land formerly of the Olympian Club extended across easterly entrance to Municipal Parking Lot, thence by said line and southwesterly bound of Olympian Club to southerly bound of land of Olympian Club, thence by southerly bound of Olympian Club generally easterly to Temple Street, thence by Temple Street to Spring Street, thence westerly by Spring Street to Cross Street, thence southerly by Cross Street to Union Street, thence by Union Street to the northerly corner of land of Port Building Trust shown on the 1980 Kennebunkport Tax Assessors Maps as Map 11, Block 9, Lot 9, thence southeasterly to the easterly corner of Lot 9; thence southwesterly by Lot 9 to the westerly bound of land now or formerly of Frank Thompson, thence generally southerly by westerly bound of land of Thompson to Chestnut Street, thence by Chestnut Street to Ocean Avenue (westerly), thence northerly by Ocean Avenue to point of beginning. C.      Riverfront Zone:  Beginning at a point being the intersection of the southerly bound of land of the Boughton Hotel Corporation and the Atlantic Ocean, thence by said southerly bound of land of said Boughton generally easterly to Arlington Avenue, thence northeasterly to King's Highway (by Arlington Avenue), thence westerly by King's Highway to the northwesterly bound of land now or formerly of Braun (from Schnorr), thence northeasterly by said line of Braun (and southeasterly bound of land of Boughton Hotel Corporation on east side of King's Highway) and northwesterly bound of land of Kennebunkport Seashore Company to the thread of Fairfield's Creek, thence northerly (north northwest) by said thread of the Creek to the easterly side of Ocean Avenue, thence by Ocean Avenue northerly to the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 8, Block 1, Lot 14 (now or formerly owned by Gourley), thence in a westerly direction along the southerly boundary of said Gourley lot and a projection of said bound to the thread of the Kennebunk River, thence upriver along the thread of the Kennebunk River to the intersection of said thread with a westerly projection of the northerly bound of the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 8, Block 1, Lot 20 (now or formerly owner by Edmands); thence easterly along said projection and said northerly bound to Ocean Avenue, and thence by Ocean Avenue northerly to the southerly bound of land now or formerly of Nedeau and Thompson, thence by said southerly bound westerly to the thread of the Kennebunk River and the Town boundary, thence southerly by Kennebunk River and the Town boundary to the Atlantic Ocean, thence by the Atlantic Ocean generally southeasterly to the point of beginning. D.      Cape Arundel Zone:  Beginning at a point on the northerly bound of land of the Kennebunkport Seashore Company at the intersection of land formerly of Roberts and the land now or formerly of Wildes and proceeding easterly between land of Wildes and land of Kennebunkport Seashore Company to a stone wall at the easterly bound of Kennebunkport Seashore Company land, thence southerly by a stone wall and the easterly bound of Kennebunkport Seashore Company to the Shore Road and continuing southerly by a stone wall and the easterly boundary of land now or formerly of one Larsen to the Atlantic Ocean, thence generally westerly by the Atlantic Ocean to the southerly bound of land of Boughton Hotel Corporation, thence by southerly bound of said Boughton land generally easterly to Arlington Avenue, thence northeasterly to King's Highway (by Arlington Avenue), thence westerly by King's Highway to the northwesterly bound of land now or formerly of Braun (from Schnorr), thence northeasterly by said line of Braun (and southeasterly bound of land of Boughton Hotel Corporation on east side of King's Highway) and northwesterly bound of Kennebunkport Seashore Company to the thread of Fairfield's Creek, thence directly (easterly) to South Maine Street (at the juncture of a way once laid out as Glen Haven Avenue), thence northerly by South Maine Street to northerly bound of Hoagland, thence by northerly bound of Hoagland to the intersection of land of Cox and formerly of Roberts to a wall, thence by said wall and easterly bound of Cox and westerly bound of Roberts generally southerly to the intersection of land of Kennebunkport Seashore Company, thence by generally southerly line of Roberts and generally northerly line now or formerly of Kennebunkport Seashore Company generally northeasterly to the point of beginning. E.      Goose Rocks Zone:  Beginning at the center of the channel at the mouth of the Batson River, thence generally northwesterly by the thread of the River to a point 500 feet northwest of the centerline of the traveled portion of Route #9, thence generally northeasterly 500 feet from and parallel to the centerline of Route #9 to the Biddeford town line, thence southeasterly on the town line through the middle of the Island in Little River, thence southerly on the town line down the thread of Little River to the Atlantic Ocean, thence southwesterly by the Atlantic ocean to the point of beginning.  Also, a portion of land beginning at the same point southerly by the edge of the marsh and upland to the channel of Samson's Cove, thence by said channel or thread easterly to the Atlantic Ocean, thence northerly by the Atlantic Ocean to a point northeasterly of Marshall's Point, thence westerly by the Atlantic Ocean to the channel of the Batson River and to the point of beginning, said zone being approximately four hundred feet in width westerly from the mean high water mark of the Atlantic Ocean. F.      Cape Porpoise East Zone:  Beginning at the east side of Mills Road at the intersection of Eel Bridge Road, thence generally northerly by the east bound of Mills Road to the Marshall Point Road, thence easterly by said Point Road to a point four hundred feet westerly of mean high water mark of the Atlantic Ocean, thence by the marsh and southerly and, in general, four hundred feet westerly of the high water mark of the Atlantic Ocean, to the flats in Samson's Cove, thence southwesterly across the flats following the Kennebunk, Kennebunkport and Wells Water District line to the marsh at the northeasterly terminus of Fishers Lane, thence by the flats and generally southerly and easterly around Bickford Island to the Pier Road's most southerly extension at the flats, thence by Pier Road and generally northerly to the intersection of the Pier Road causeway and the easterly bound of Cape Porpoise Harbor, thence by the edge of the flats along the easterly bound of Cape Porpoise Harbor to the northerly bound of Crowell, thence easterly by land of said Crowell to the Pier Road, thence northerly by Pier Road to the southerly bound of Bradbury, thence easterly by said southerly bound to easterly bound of C. M. Bradbury, thence northerly by said easterly bound to Beech Street, thence northerly by Beech Street and land of C. M. Bradbury to the flats, thence northwesterly across the flats to the terminus of Eel Bridge on the east side of Back Cove, thence by Eel Bridge Road generally northwesterly to the point of beginning.  Notwithstanding the preceding language, this zone shall include a 500 foot-wide strip of land parallel to and lying on the generally northwesterly sideline of Route 9/Mills Road, across the road from the existing Cape Porpoise East Zone, and running from the Eel Bridge Road intersection to the Marshall Point Road intersection, as shown on the attached Zoning Map amendment. G.      Cape Porpoise Square Zone:  Beginning at the intersection of Route #9 and the westerly bound of the Atlantic Engine Company and proceeding northeasterly by the land of Bradbury three hundred and eight feet, more or less, to the land of now or formerly Clarabel Hutchins heirs, thence northerly through Hutchins land to the westerly corner of land of Freemont Ridlon, thence by land of said Ridlon northeasterly ninety two feet, more or less, to the northerly corner of Ridlon at land of Harry Emmons, thence northwesterly by land of Emmons four hundred seventy seven feet, more or less, to the land of E. V. Roberts heirs, thence northeasterly by said Roberts bound two hundred seventy three feet to the northeasterly bound of said Emmons, thence southeasterly by said northeasterly bound of Emmons four hundred forty feet to Route #9 (Mills Road), thence directly across Mills Road to Eel Bridge Lane, thence generally southeasterly to Old Eel Bridge Lane to the Creek (Back Cove), thence by the flats to the land of C. M. Bradbury at its northwesterly corner, thence by northerly and easterly bounds of C. M. Bradbury and Beech Street to land of Howarth at its easterly corner, thence southerly bound of said Bradbury to the Pier Road, thence southerly by Pier Road to the northerly bound of Crowell, thence westerly by land of Crowell to Cape Porpoise Harbor, thence across the Harbor to a point near the rear of Seth Pinkham's store two hundred feet due southerly to the Pier Road, thence by a line parallel with and two hundred feet distant from Pier Road southerly and westerly to a stone wall at land of Emery Huff, thence following the stone wall southeasterly to the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 30, Block 1, Lot 25 (now or formerly of Emery Huff); thence northwesterly on the line as it runs between said Lot 25 (Huff) and Lot 24 (Troost) to the Langsford Road, thence southerly by the westerly side of Langsford Road to the southerly boundary of land now of David H. Wright (formerly Deinstadt), thence west by said Wright southerly bound to southwesterly bound of Wright land, thence northerly by westerly bound of Wright and westerly bound of land now or formerly of Raymond Nunan and continuing by westerly bound of Bradbury (Brothers) to Route #9, thence easterly by Route #9 to the point of beginning. Also, a portion of land beginning at the bridge on Pier Road crossing to Bickford Island and proceeding southerly by said Pier Road to its intersection (extended) beyond the southerly end of the Pier, thence generally northerly by the flats and channel of Cape Porpoise Harbor to the point of beginning. H.      Cape Porpoise West Zone:  Beginning at a point on the southerly side of Route #9 being the intersection of the Bradbury (Brothers) westerly bound and Route #9, thence generally westerly by Route #9 over Crow Hill passing the Three Strings to the former Perkins Road thence generally southerly by Perkins Road to the Wildes District Road, thence generally southerly by the former Perkins Road (now Land's End Road) extended to the flats at Cross Creek at a granite monument now fallen, thence by the flats and the northerly side of Cross Creek generally northeasterly and crossing Paddy Creek to the shore line in front of the former Langsford House (G. W. Wood), thence northeasterly and northerly by the flats on the westerly shore of Cape Porpoise Harbor to a point two hundred feet southerly of the Pier Road, thence westerly by a line parallel with and two hundred feet from said Pier Road southerly and westerly to a stone wall at land of Emery Huff, thence following the stone wall southeasterly to the lot shown on the 1980 Town of Kennebunkport Assessors Maps as Map 30, Block 1, Lot 25 (now or formerly of Emery Huff); thence northwesterly on the line as it runs between said Lot 25 (Huff) and Lot 24 (Troost) to the Langsford Road, thence westerly across Langsford Road, and thence southerly by the westerly side of said Langsford Road to the southerly boundary of land now of David H. Wright (formerly Deinstadt), thence west by said Wright southerly bound to southwesterly bound of Wright land, thence northerly by westerly bound of Wright and westerly bound of land now or formerly of Raymond Nunan and continuing by westerly bound of Bradbury (Brothers) to Route #9 and point of beginning.  Notwithstanding the preceding language, this zone shall include a 500 foot-wide strip of land parallel to and lying on the generally northwesterly sideline of Route 9/Main Street, across the road from the existing Cape Porpoise West Zone, and running from a point on the Old Cape Road near its intersection with Route 9/Main Street to the westerly boundary of Lot 41 on Tax Map 22, Block 9, but not including said Lot 41 (currently the Cape Porpoise House of Pizza), as shown on the attached Zoning Map amendment. I.      Free Enterprise Zone:  Beginning at a granite post in the easterly corner of the Merrill Cemetery, thence in a northeasterly direction along the Arundel Road to the Town House Square, and including the Old Town House Property now or formerly of Brigham and Garrett, thence in a southeasterly direction along the Springer Hill Road to its intersection with the Beachwood Road, thence in a generally northeasterly direction along the Beachwood Road to its intersection with Stone Road, thence northerly along the Stone Road to the Goose Rocks Road, thence northeasterly along the Goose Rocks Road to the Oak Ridge Road, thence northerly along the Oak Ridge Road to the Town Line.  All property lying in a southerly direction of this boundary line not already included in the preceding zones is in the Free Enterprise Zone.  Notwithstanding the preceding language, this zone shall not include a 500 foot-wide strip of land parallel to and lying on the generally northwesterly sideline of Route 9/Mills Road, across the road from the existing Cape Porpoise East Zone, and running from the Eel Bridge Road intersection to the Marshall Point Road intersection; nor shall it include a 500 foot-wide strip of land parallel to and lying on the generally northwesterly sideline of Route 9/Main Street, across the road from the existing Cape Porpoise West Zone, and running from a point on the Old Cape Road near its intersection with Route 9/Main Street to the westerly boundary of Lot 41, Tax Map 22, Block 9, but not including said Lot 41 (currently the Cape Porpoise House of Pizza), as shown on the attached Zoning Map amendment. J.      Farm and Forest Zone:  The Farm and Forest Zone shall include all of the Town of Kennebunkport except those areas included within the preceding zones. K.      Shoreland Zone: The Shoreland Zone is an overlay zone which intentionally covers other zones previously described, and includes the following areas: 1.      Lands lying within 250 feet of the normal high water mark of the following bodies of water: a.      Tidal water; b.      Smith Brook, downstream of Goose Rocks Road; c.      The Batson River, downstream of Lester Wildes Road; d.      Tyler Brook, downstream of the abandoned right of way of the Atlantic Shore Railway Company; e.      Beaver Pond; f.      The pond on property formerly of Kenneth Roberts located between the Shore Road and Wildes District Road. 2.      The one hundred (100) year flood plain. 3.      Lands lying within 75 feet of the normal high water mark of any stream, other than those named paragraph 1 above. 4.      Lands lying within 250 feet of the upland edge of coastal and freshwater wetlands, which are rated "low" or "not rated" value for wildlife habitat by the Maine Department of Inland Fisheries and Wildlife (MDIFW) as of January 1, 1973. L.      Resource Protection Zone:  The Resource Protection Zone shall include the following areas: 1.      All islands in the Atlantic Ocean with the exception of Bickford Island. 2.      Freshwater and coastal wetlands, as defined in Article 2. 3.      Land below the normal high water mark of Lake of the Woods. 4.      All land within the Town of Kennebunkport below the normal high water mark of any tidal water. 5.      Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with great ponds and rivers, including Lake of the Woods, which are rated "medium" or "high" value for wildlife habitat by the Maine Department of Inland Fisheries and Wildlife (MDIFW) as of January 1, 1973. 6.      The one hundred (100) year flood plains adjacent to tidal waters. 7.      Areas of two or more contiguous acres with sustained slopes of 20% or greater. 8.      Within the limits of the Shoreland Zone areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a body of water during normal spring high water. 9.      Lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.   ARTICLE 4   ZONE REGULATIONS 4.1     Permitted Uses Permitted land uses in all zones shall conform to all applicable standards and requirements.  Article 5 contains performance standards for the Shoreland and Resource Protection Zones, Article 6 for all land uses, and Article 7 specific standards for specific land uses.  Where the specific standards contain dimensional requirements different than those listed in this Article, the stricter requirement shall apply. 4.2     Prohibited Uses Any land use which is not listed as a permitted use or a conditional use shall be prohibited.  The land uses permitted in each zone are listed below.  Except as otherwise provided, any accessory use is permitted in each zone subject to the same approvals and requirements as are applicable to the principal use to which the accessory use is subordinate. 4.3     Village Residential Zone                        Conditional Uses Conditional Uses                        Subject to       Subject to         Permitted Uses         Site Plan Review Appeals Review                                                                    Cemetery Agriculture            Church   Accessory Apartment Essential Services             Community Building               Animal Husbandry Farm stand             Community Use    Home Occupation Single Family Dwelling         Eldercare Facility        Storage and Repair of          Golf Courses in existence since January 1, 2008   Fishing Equipment           Library Parking for motor vehicles,            Mobile Home Park   limited to any publicly           Multiplex   owned lot in excess of              Museum   two (2) acres in size,              Park   with frontage on and        School   access from a state-controlled highway.  The maximum number of parking spaces       for this use may not exceed one hundred fifty (150), and there shall be no bus or          large recreational vehicle parking on the lot.  Further, with the exception of road          frontage, dense vegetative buffering, a minimum of six (6) feet in height, is required    beginning at the property line and extending inward for a distance of ten (10) feet. Parking, Temporary Overflow Public Timber Harvesting Timber Management Two Family Dwelling 4.3     Village Residential Zone                                             Min. Net                                            Residential                             Area per                        Minimum   Minimum   Max.       Dwelling                                              Maximum                        Lot Area 1  Lot Width   Lot           Unit            Minimum Setbacks (ft.)      Min. Open   Building Ht.                          (sq. ft.)        (ft.)        Cover.        (sq. ft.)        Front         Side        Rear         Space__       (ft.)     Single Family Dwelling (one per lot) or Other Use, See 5.6.G       40,000       100          20%         40,000         20           15            15           20%        35 Two Family Dwelling        40,000       100          20%         20,000         40           20            20           20%        35 Multiplex             60,000       150           20%        20,000         25   50      50           20%        35 Public Libraries              40,000       100           75%                20           15            15             5%       35 Note:  Land use activities within the Shoreland Zone shall conform to the minimum lot size and shore frontage requirements set forth in Article 5.6.G. 4.3 1   Village Residential East Zone         Conditional Uses        Conditional Uses         Subject to      Subject to         Planning Board  Zoning Board of Permitted Uses  Site Plan Review        Appeals Review        Agriculture                             Cemetery                        Accessory  Apartment        Essential Services                      Church                  Animal Husbandry        Farm stand                              Community Building      Home Occupation        Single Family                           Community Use           Dwelling                             Eldercare Facility Storage & Repair                        Hotel & Motel Expansion        of Fishing Equipment     Library            Timber Harvesting                       Mobile Home Park                Timber Management                   Multiplex                                   Two Family Dwelling                     Museum                                                       Park                                                     School                                          Min. Net                                           Residential                                            Area per                          Minimum    Minimum     Max.      Dwelling                                        Maximum                          Lot Area 2  Lot Width     Lot           Unit             Minimum Setbacks (ft.)      Min. Open   Building  Ht.                             (sq. ft.)          (ft.)        Cover.        (sq. ft.)        Front         Side        Rear         Space___         (ft.) Single Family Dwelling (one per lot) or Other Use,      40,000         100             20%           40,000              20             15          15            20%            35 See 5.6.G Two Family         40,000          100         20%          20,000               40             20          20            20%            35 Dwelling Multiplex             90,000          150         20%          30,000                40             50          50            20%            35                                4.4     Dock Square Zone         Conditional Uses        Conditional Uses         Subject to      Subject to         Planning Board  Zoning Board of Permitted Uses   Site Plan Review*      Appeal Review Essential Services              Bed & Breakfast                 Accessory Apartment         Single Family                   Boatyard                                Child Care Center   Dwelling                     Club                            Hand Crafts Storage & Repair                Commercial Center                       Home Occupation   of Fishing                   Financial Institution           Roomer   Equipment                    Hotel         Two Family              Inn   Dwelling                     Marina                                                                                                  Marine Transport                                    Services                                Motel Multiplex Park Parking, Commercial                                                                                     Professional & Business   Offices Public Hospitality Facility Restaurant Retail Business Ship Chandlery Theater *NOTE:  Exceptions to the requirement for Planning Board Site Plan Review Approval are set forth in Section 10.1.B.3. 4.4     Dock Square Zone (cont.)                                           Min. Net                         Residential                            Area per                         Minimum    Minimum    Max.       Dwelling                                              Max.                         Lot Area 3  Lot Width     Lot           Unit           Minimum Setbacks (ft.)      Min. Open    Building Ht.                          (sq. ft.)           (ft.)        Cover.        (sq. ft.)      Front         Side        Rear         Space___        (ft.) Single Family Dwelling (one per lot) or Other Use, See 5.6.G       20,000         100           20%            20,000           20             15           15           20%               30 Two Family Dwelling        20,000         100           20%            10,000           40             20           20           20%              30 Multiplex            30,000           150                 20%       10,000         40             20           20           20%              30 4.5     Riverfront Zone         Conditional Uses        Conditional Uses         Subject to      Subject to         Planning Board          Zoning Board of                 Permitted Uses  Site Plan Review        Appeal Review Agriculture             Bed & Breakfast                   Accessory Apartment Essential Services      Boatyard                                  Child Care Center Farm stand              Club                              Hand Crafts Single Family           Commercial Center                 Home Occupation   Dwelling             Community Building                Roomer Storage & Repair        Community Use   Of Fishing           Financial Institution   Equipment            Fish Processing             Two Family Dwelling     Hotel                         Inn                         Library                         Marina                         Marine Transport Services                         Motel Multiplex Museum Park Professional & Business   Offices Restaurant Retail Business School Ship Chandlery Theater 4.5     Riverfront Zone (cont.)                             Min. Net                    Residential                      Area per                         Minimum    Minimum     Max.       Dwelling                                                Maximum                         Lot Area 4  Lot Width     Lot            Unit           Minimum Setbacks (ft.)      Min. Open     Building Ht.                           (sq. ft.)          (ft.)         Cover.        (sq. ft.)      Front         Side        Rear         Space___          (ft.) Single Family Dwelling (one per lot) or Other Use, See 5.6.G       20,000      100           20%      20,000           20             15           15             20%      30 Two Family Dwelling        20,000      100           20%      10,000        40             20           20             20% 30 Multiplex            60,000       150           20%        20,000           25             50           50              20%     30 4Note:  Land use activities within the Shoreland Zone shall conform to the minimum lot area and shore frontage requirements set forth in Article 5.6.G. 4.6     Cape Arundel Zone         Conditional Uses        Conditional Uses         Subject to      Subject to         Planning Board  Zoning Board of Permitted Uses  Site Plan Review        Appeals Review Agriculture             Cemetery                           Accessory Apartment Essential Services      Church                             Home Occupation Farm stand              Mobile Home Park Library                 Museum Park                     Single Family  Dwelling Storage & Repair of  Fishing Equipment Timber Harvesting Timber Management Two Family Dwelling                                                       Min. Net                                                     Residential                      Area per                         Minimum    Minimum     Max.        Dwelling                                                                        Maximum                        Lot Area 5   Lot Width     Lot             Unit             Minimum Setbacks (ft.)    Min. Open    Building Ht.                          (sq. ft.)            (ft.)         Cover.        (sq. ft.)        Front         Side        Rear       Space             (ft.) Single Family Dwelling (one per lot) or Other Use,       40,000        100          20%           40,000             20             15           15            20%       35 See 5.6.G Two Family Dwelling         40,000        100          20%       20,000           40             20           20             20%    35 5Note:  Land use activities within the Shoreland Zone shall conform to the minimum lot area and shore frontage requirements set forth in Article 5.6.G. 4.7     Goose Rocks Zone         Conditional Uses        Conditional Uses         Subject to      Subject to         Planning Board  Zoning Board of Permitted Uses  Site Plan Review        Appeals Review Agriculture             Cemetery                           Accessory Apartment Essential Services      Club                       Child Care Center Farm stand              Community Building         Home Occupation Public Hospitality      Community Use              Roomer   Facility, Temporary  Library Single Family   Mobile Home Park   Dwelling             Museum Storage & Repair of     Park   Fishing Equipment Timber Harvesting Timber Management Two Family Dwelling                    Min. Net                   Residential                    Area per                         Minimum    Minimum     Max.      Dwelling                                               Max.                        Lot Area 6   Lot Width     Lot           Unit              Minimum Setbacks (ft.)      Min. Open   Building Ht.                          (sq. ft.)            (ft.)        Cover.      (sq. ft.)          Front         Side        Rear         Space            (ft.) Single Family Dwelling (one per lot) or Other Use, See 5.6.G       40,000        100          20%      40,000           20             15          15             20%       30 Two Family Dwelling        40,000         100         20%      20,000           40             20          20             20%            30          4.8     Cape Porpoise East & Cape Porpoise West Zones         Conditional Uses        Conditional Uses         Subject to      Subject to         Planning Board  Zoning Board of Permitted Uses  Site Plan Review        Appeals Review Agriculture             Boatyard                           Accessory Apartment Essential Services      Commercial Marina          Home Occupation Farm stand              Community Use              Roomer Single Family                   Eldercare Facility   Dwelling                                 Fish Processing Storage and             Library   Repair of  Fishing   Museum   Equipment            Park Timber Harvesting       Ship Chandlery Timber Management        Two Family Dwelling                           Min. Net                  Residential                     Area per                          Minimum Lot Size 7    Max.       Dwelling                                                     Max.                          Lot Area  Lot Width     Lot            Unit          Minimum Setbacks (ft.)      Min. Open  Building Ht.                          (sq. ft.)         (ft.)        Cover.        (sq. ft.)      Front         Side        Rear         Space           (ft.) Single Family Dwelling (one per lot) or Other Use,      20,000        100          20%      20,000      20            15           15            20%                     30 See 5.6.G Two Family Dwelling        30,000         100         20%      15,000         40            20           20            20%                  30 7 Note:  Land use activities within the Shoreland Zone shall conform to the minimum lot area and shore frontage requirements set forth in Article 5.6.G. 4.9     Cape Porpoise Square Zone         Conditional Uses                Conditional Uses         Subject to                      Subject to         Planning Board          Zoning Board of Permitted Uses  Site Plan Review                Appeals Review Agriculture             Automobile Repair               Accessory Apartment Essential Services        Shop                  Child Care Center Farm stand              Automobile Service      Hand Crafts Single Family             Station                       Home Occupation   Dwelling             Bed & Breakfast         Roomer Storage & Repair        Boatyard           of Fishing                   Church            Equipment             Club Two Family              Commercial Center   Dwelling             Commercial Marina                        Community Building                         Community Use                        Financial Institution                        Fish Processing Inn Library Multiplex Museum Park Professional & Business  Offices Restaurant Retail Business School Ship Chandlery Theater 4.9     Cape Porpoise Square Zone (cont.)                   Min. Net                 Residential                   Area per                         Minimum   Minimum     Max.       Dwelling                                                               Max.                        Lot Area 8  Lot Width     Lot            Unit            Minimum Setbacks (ft.)      Min. Open    Building Ht.                           (sq. ft.)         (ft.)         Cover.        (sq. ft.)       Front         Side        Rear         Space___       (ft.) Single Family Dwelling (one per lot) or Other Use, See 5.6.G       20,000        100          20%      20,000        20            15          15              20% 30 Two Family Dwelling        20,000        100          20%      10,000          40            20          20               20%      30 Multiplex       60,000        150          20%          20,000          25            50           50              20%             30    8 Note:  Land use activities within the Shoreland Zone shall conform to the minimum lot area and shore frontage requirements set forth in Article 5.6.G. 4.10    Free Enterprise Zone         Conditional Uses        Conditional Uses         Subject to      Subject to         Planning Board  Zoning Board of Permitted Uses  Site Plan Review        Appeals Review Agriculture             Automobile Oriented         Accessory Apartment Animal Husbandry          Business                          Child Care Center Essential Services      Automobile Repair                   Hand Crafts Farm stand                Shop                      Home Occupation Manufactured            Automobile Service          Roomer   Housing                Station Single Family           Bed & Breakfast                    Dwelling             Boatyard Storage and Repair      Campground   Of  Fishing Equipment        Cemetery Timber Harvesting       Club Timber Management       Commercial Center Two Family Dwelling     Commercial Complex Parking, Temporary      Commercial Recreation, Indoor   Overflow Public      Commercial Recreation, Outdoor                        Community Building Community Use Eldercare Facility                        Extractive Industry Financial Institution Fish Processing Funeral Home Golf Course Health Institution Hotel Inn Kennel Library Manufacturing Marina Mobile Home Park Motel Museum Nursing Home 4.10  Free Enterprise Zone (cont.)                Conditional Uses             Subject to  Planning Board   Site Plan Review                                                                        Park                                    Parking, Commercial                                                                             Professional & Business Offices                 Public Utilities Restaurant Retail Business School   Ship Chandlery Theater Veterinary Clinic Warehouse Wireless Telecommunications Facilities Wholesaling                  Min. Net                Residential                  Area per                          Minimum    Minimum    Max.     Dwelling                                                                             Max.                         Lot Area 9   Lot Width     Lot          Unit          Minimum Setbacks (ft.)      Min. Open      Building Ht.                            (sq. ft.)          (ft.)        Cover.      (sq. ft.)      Front         Side        Rear         Space___         (ft.) Single Family Dwelling (one per lot) or Other Use, See 5.6.G       40,000        100          20%           40,000        20             15          15            20%             35 Two Family Dwelling        40,000        100         20%        20,000        40             20          20             20%                35 9 Note:  Land use activities within the Shoreland Zone shall conform to the minimum lot area and shore frontage requirements set forth in Article 5.6.G. 4.11    Farm and Forest Zone         Conditional Uses        Conditional Uses         Subject to      Subject to         Planning Board  Zoning Board of Permitted Uses  Site Plan Review        Appeals Review Agriculture             Bed & Breakfast              Accessory Apartment Animal Husbandry        Boatyard                             Child Care Center Essential Services      Campground                   Hand Crafts Farm stand              Cemetery                             Home Occupation Manufactured Housing    Club                         Roomer                                     Single Family           Commercial Recreation              Dwelling                Outdoor       Two Family              Community Building   Dwelling             Community Use Storage & Repair        Extractive Industry   of Fishing           Fish Processing  Equipment             Funeral Home     Timber Harvesting       Golf Course Timber Management       Health Institutions                              Hotel                        Inn Kennel Library                        Manufacturing Mobile Home Park Motel Museum Nursing Home Park Professional & Business Offices Public Utilities Restaurant Retail Business Theater Veterinary Clinic Warehouse Wholesaling 4.11    Farm and Forest Zone (cont.)                               Min. Net                       Residential                         Area per                         Minimum     Minimum                        Dwelling                                                                            Max.                        Lot Area 10   Lot Width   Max. Lot        Unit              Minimum Setbacks (ft.)    Min. Open    Building Ht.                          (sq. ft.)             (ft.)           Cover.         (sq. ft.)         Front         Side        Rear       Space             (ft.) Single Family Dwelling (one per lot) or      3 acres/ Other Use,      130,680         200              10%     130,680                   20            15           15          20%     35 See 5.6.G              sq. ft.                                                  sq. ft.                  Two Family      3 acres/ Dwelling            130,680          100               20%        65,340                   40            20           20          20%     35                             sq. ft.                                       sq. ft. 10  Note:  Land use activities within the Shoreland Zone shall conform to the minimum lot area and shore frontage requirements set forth in Article 5.6.G. Uses permitted without a permit: Shoreland and Resource Protection Zones A.      Activities and Land Uses allowed in both the Shoreland and Resource Protection Zones  without a permit: 1.~~~Non intensive and non commercial recreational uses not requiring structures, such as hunting, fishing, and hiking. 2.~~~Motorized vehicular traffic on roads and established trails. 3.~~~Timber management activities, except timber harvesting. 4.~~~Fire prevention activities. 5.~~Wildlife management practices. 6.~~~Soil and water conservation practices. 7.      Mineral exploration disturbing less than one hundred (100) square feet of ground surface area. 8.~     Surveying and resource analysis. 9.~     Emergency operations, as defined. 10.     Essential services accessory to permitted uses. A temporary public hospitality facility, provided that the following conditions are met: ~~~~~~~~~~~~~~~~~ a.~Such facility is located within the Goose Rocks Zone; ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~  ~b.~Such facility is anchored or secured so as to prevent it from tipping or ~~~~~~~~~~~~~~~~~~~~~~becoming dislodged; ~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~   c. Such facility will be removed by the Town just prior to a storm, tide or other event that is                           anticipated to cause the water level to rise to the elevation level of the facility; and ~~~~~~~~~~~~~~~~        d. Such facility is located on land that is currently developed and that no longer exists in its                          natural state. 4.13    Uses Permitted: ~Shoreland Zone In those portions of the Shoreland Zone which are not within the Resource Protection Zone only those uses permitted in the underlying zone shall be permitted. ~In addition to permits required elsewhere in this Ordinance, the following activities shall require permits as follows: Activities and Land Uses Requiring a Permit From the Code Enforcement Officer issued in accordance with the provisions in Article 11. 1.~~~~~~Filling or other earthmoving activity involving more than            five (5) cubic yards of earth within any twelve month period. 2. ~~~~~Clearing of vegetation for approved construction and other allowed uses. Mineral exploration activities disturbing less than one hundred (100) square feet of ground surface. Single and two family dwellings including driveways. Structures accessory to allowed uses. Uses similar to uses requiring a CEO permit. Activities and Land Uses Requiring approval from the Planning Board issued in accordance with the provisions in Article 10. 1.      Road construction. 2.      Mineral extraction including sand and gravel. Essential services (except that non-roadside or cross country distribution lines involving 10 or fewer  poles in the Shoreland Zone may be approved by the CEO).  Public and private recreational areas involving minimal structural development.  Parking facilities. Any commercial, industrial, governmental or institutional use permitted in the                          underlying zone. Campgrounds.  Marinas. Piers, Docks, Wharves, Bridges, or other Structures and Uses extending over or below the normal high water line of a body of water or within a wetland. 10.   Any use similar to uses requiring approval from the Planning Board. 4.14~~~~Uses Permitted: Resource Protection Zone A. ~~   Activities and Land Uses Requiring approval from the Code Enforcement Officer. The following activities may occur in the Resource Protection Zones with    approval from the Code Enforcement Officer issued in accordance with the provisions in Article: 1.  Timber harvesting. 2.  Clearing of vegetation for approved construction or other allowed uses. Filling or other earthmoving activity of less than five (5) cubic yards within any twelve (12) month period. Uses similar to uses allowed without a permit. 5.   Uses similar to uses requiring approval from the Code Enforcement Officer. B.      Activities and Land Uses Requiring approval from the Planning Board. ~The following activities and land uses may occur in the Resource Protection Zone with a permit from the Planning Board issued in accordance with the provisions in Article 10: 1.~     Agriculture. Road and driveway construction for access to a use permitted within the Resource Protection Zone as allowed by the standards in Article 5.12. 3.      Structures accessory to permitted uses, but not the accompanying principal structures. 4.      Non residential facilities for educational, scientific, or nature interpretation purposes. Filling or other earthmoving activity of more than five (5) cubic yards within any twelve (12) month period. Public and private parks and recreation areas involving minimal structural development. Piers, docks, wharves, bridges, causeways and uses projecting into the water. Public utilities and essential services. Mineral extraction including sand and gravel extraction. 10.   Uses similar to uses requiring approval from the Planning Board. 4.15     Lot Standards A.      All permitted or conditional uses allowed in the underlying zone shall, if conducted within the Shoreland Zone, conform with the stricter of the requirements in the underlying zone or the following provisions: Minimum Lot Standards Minimum Lot ~~~~~~~~~~~~Minimum Shore ~                                                Area (sq. ft.) ~~    ~~~~~ ~~Frontage (ft) Residential per dwelling unit 1.~~~~~~Within the Shoreland Zone         Adjacent to Tidal Areas~~~~~~~~~ ~~~~                 40,000~~~~~~~~~~~~~ ~~~~~~~~    150 2.~~~~~~Within the Shoreland Zone Adjacent to Non Tidal Areas~~~~~ ~~~          40,000~~~~~~~~~~~~~ ~~~~~~    ~~200 Community and Commercial Recreation 3.~~~~~~Within the Shoreland Zone Adjacent to Tidal and Non Tidal Areas~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~           40,000~~~~~~~~~~~~~~ ~~~   ~~~~~200 Water dependent uses 4.~~~~~~Within the Shoreland Zone~~~~~~~~~~~~~     ~~same as~~~~~~~~~~~~~~~~    ~same as Adjacent to Tidal Areas~~~~~~~~               ~underlying~~~~~~~~~~~~  ~  ~underlying                                                                               zone~~~~~~~~~~~~~~~~~~~       ~zone Other uses 5.~~~~~~Within the Shoreland Zone Adjacent to Tidal Areas~~~~~~~~~ ~~           40,000~~~~~~~~~~~~~ ~~~~~~     ~200 6.~~~~~~Within the Shoreland Zone Adjacent to Non Tidal Areas~~~~~ ~~~~           60,000~~~~~~~~~~~    ~ ~~~~~~~~300 B.~~~~~~Land below the normal high water mark of a body of water or upland edge of a wetland and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area. C.~~~~~~Lots located on opposite sides of a public or private road shall be considered  each a separate tract of parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971. D.      The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use. E.      If one or more residential dwelling unit, principal commercial structure, or principal industrial structure is constructed on a single parcel, all dimensional requirements shall be met for each dwelling unit and principal structure.  Structures and Setbacks A.      All structures in the Shoreland Zones shall be set back at least  seventy five (75) feet horizontal distance from the normal high water mark of  bodies of water, tributary streams,  and from the upland edge of a wetland, except that in the Dock Square Zone, the setback shall be at least twenty five (25) feet, horizontal distance. In areas zoned Resource Protection  the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified above shall apply. In addition:         1.      The body of water, tributary stream, or wetland setback provision shall neither apply to structures which require direct access to the body of water or wetland as an operational necessity, such as piers, docks, and retaining walls, nor to other functionally water-dependent uses. Only water-dependent uses and structures may be located below the normal high water mark of tidal waters within the Town’s geographic boundaries, provided that all necessary permits and approvals are obtained. A tributary stream may be perennial or intermittent. Where a tributary stream is present within the Shoreland Zone, setback standards from that tributary stream are applicable. 2.      On a non-conforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required body of water, tributary stream or wetland setbacks, the Code Enforcement Officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed eighty (80) square feet in area nor eight (8) feet in height, and shall be located as far from the shoreline or tributary stream as practical and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure. A building or structure built on or over a pier, dock, wharf or other structure extending beyond the normal high water mark of a body of water or within a wetland, which was in existence on March 12, 1985, and which contained a principal use which was not water dependent on that date, may be used for any other use which is allowed in the underlying zone, except a residential use. 4.      All structures shall conform to the height restrictions set forth in Article 6.2 of this Ordinance. 5.      The total footprint area of all structures, parking lots and other non-vegetated surfaces, within the Shoreland zone shall not exceed twenty (20) percent of the lot or a portion thereof, located within the Shoreland Zone, including land area previously developed, except in the Dock Square Zone, where lot coverage shall not exceed seventy (70) percent. 6.      Permanent structures, and expansions thereof, projecting into or over bodies of water shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection act, 38 M.R.S.A., section 480-C. Permits may also be required from the Army Corps of Engineers if located in navigable waters. 7.      Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils provided: that the structure is limited to a maximum of four (4) feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland, (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. section 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property. 8.      Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill provided all of the following conditions are met:         (a) The site has been previously altered and an effective vegetated buffer does not exist; (b) The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland; (c) The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings; (d) The total height of the wall(s), in the aggregate, is no more than 24 inches; (e) Retaining walls are located outside of the 100-year floodplain on rivers, streams, coastal wetlands, and tributary streams, as designated on the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types  identified as recent flood plain soils. (f) The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and (g) A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics: (i) The buffer must include shrubs and other woody and herbaceous vegetation.  Where natural ground cover is lacking the area must be supplemented with leaf or bark mulch; (ii) Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff; (iii) Only native species may be used to establish the buffer area;         (iv) A minimum buffer width of 15 feet, horizontal distance, is required,                              measured perpendicularly to the normal high-water line or upland edge of a wetland; (v) A footpath not to exceed the standards in Article 5.4 B 2, may traverse the buffer; NOTE: If the wall and associated soil disturbance occurs within 75 feet, horizontal distance, of a body of water, tributary stream or coastal wetland, a permit pursuant to the Natural Resource Protection Act is required from the Department of Environmental Protection.                  ARTICLE 5 – SHORELAND AND RESOURCE PROTECTION PERFORMANCE STANDARDS In addition to the Town–wide Regulations in Article 6, and the Performance Standards for Specific Activities and Land Uses in Article 7, the following performance standards shall apply to land uses in Shoreland, Stream Protection and Resource Protection. 5.1     Purpose To further the maintenance of safe and healthful conditions and general welfare; prevent and control water pollution; protect spawning grounds, fish, aquatic life, bird and other wildlife habitat, control building sites, placement of structures and land uses; and conserve shore cover, visual as well as actual points of access to inland and coastal waters and natural beauty. 5.2.    Agriculture                 A.   All spreading of manure shall be accomplished in conformance with the                       Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209).                 B.      There shall be no new tilling of soil within twenty_five (25) feet, horizontal distance of tributary streams and freshwater wetlands; nor within seventy_five (75) feet, horizontal distance, from other bodies of water and coastal wetlands. Operations in existence on the effective date of this ordinance and not in conformance with this provision may be maintained.                 C.      Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area within the Shoreland Zone, shall require a Conservation Plan to be filed with the Planning Board, which meets the standards of the State Soil and Water Conservation Commission, and is approved by the York County Soil and Water Conservation District. Non_conformance with the provisions of such Conservation Plan shall be considered to be a violation of this Ordinance.         D.              Manure shall not be stored or stockpiled within seventy_five (75) feet, horizontal distance, of bodies of water, tributary steams, or wetlands. All manure storage areas within the Shoreland Zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water. Newly established livestock grazing areas shall not be permitted within twenty_five (25) feet, horizontal distance, of tributary streams and freshwater wetlands; nor within seventy_five (75) feet, horizontal distance, of other bodies of water and coastal wetlands. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a York County Soil and Water Conservation Plan and filed with the Planning Board. 5.3    Campgrounds Campgrounds shall conform to the minimum requirements imposed under State Licensing Procedures and the following: Recreational vehicle and tenting areas shall meet the following criteria: 1. The site of the campground shall contain a total area of at least five thousand (5,000) square feet per recreational vehicle, tent, or shelter, not including roads and driveways.  Land supporting wetland vegetation, and land below the normal high water mark of a body of water shall not be included in calculating land area per site.         2.      Each recreational vehicle, tent or shelter site shall be provided with a trash receptacle and fireplace.                  3.      No recreational vehicle, trailer or tent shall be allowed to remain in a campground on a permanent basis. The areas intended for placement of recreational vehicles, tents or shelters, and utility and service buildings shall be set back a minimum of seventy-five (75) feet, horizontal distance, 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 one hundred (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 then twenty-five (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 (6) feet in height. 5.4     Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting            A.      In a Resource Protection Zone cutting or removal of vegetation shall be limited to uses expressly authorized in the Zone. Within the Shoreland, and Resource Protection Zones, invasive species may be removed by manual or hand tools or other methods as approved by the Department of Environmental Protection.  Where necessary to control erosion, a replanting with native plants is required to replace any removed invasive species.         B.      In the Shoreland Zone other than Resource Protection areas, and except to  allow for the development of permitted uses, within a strip of land seventy_five (75) feet, horizontal distance, from any body of water, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows: Existing lawn areas may not be expanded or relocated. Gardens may be moved or expanded within existing lawns, provided no invasive species are used.                                                          2.      There shall be no cleared area greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six 6 feet in width as measured between tree trunks and/or shrub stems is allowed provided that a cleared line of sight to the water through the buffer strip is not created.                 3.      Selective cutting of trees within the buffer strip is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained. For purposes of this section, a "well_distributed stand of trees” shall be  defined as maintaining a rating score of 24 or more in each 25-foot by 50 foot rectangular (1250 square feet) area as determined  by the following rating system:                 Diameter of Tree at 4 1/2 feet Above:                         Ground Level (Inches)            Points                                 2 _ < 4  in.                        1                                 4 _ < 8 in.                         2                                   8 - < 12 in.                        4                                 12 in. or greater                   8               Adjacent to bodies of water, tributary streams, and wetlands a “well-distributed stand of trees” is defined as maintaining a minimum rating score of 16 per 25_foot by 50-foot rectangular area.                 The following shall govern in applying this point system:                         a.      The 25-foot by 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the require buffer;                         b.      Each successive plot must be adjacent to, but not overlap a                                                    previous plot;   c.      Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this Ordinance;                         d.   Any plot containing the required points may have vegetation                                                      removed down to the minimum points required or as otherwise                                             allowed by this Ordinance; Where conditions permit, no more than 50% of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter. For purposes of this Article “other natural vegetation” is defined as retaining existing vegetation under three (3) feet in height and other ground cover and retaining at least five (5) saplings less than two (2) inches in diameter at four and one half (4 1/2) feet above ground level for each 25-foot by 50-foot rectangle area.  If five saplings do not exist, no woody stems less than two (2) inches in diameter can be removed until 5 saplings have been recruited into the plot. Notwithstanding the above provisions, selective cutting of no more than 40% of the total volume of trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground level, may be removed in any ten (10) year period. In order to protect water quality and wildlife habitat, existing vegetation under three (3) feet in height and other ground cover, including leaf  litter and the forest duff layer, shall not be cut, covered or removed, except to remove an invasive plant species or to provide for a footpath or other permitted uses as described in paragraphs 2 and 3 above. Pruning of tree branches, on the bottom 1/3 of the tree is allowed.                6.       In order to maintain a buffer strip of vegetation, when the removal of                                               storm_damaged, diseased, unsafe, or dead trees results in the creation of                          cleared openings, these openings shall be replanted with native tree                                          species unless existing new tree growth is present. 7.      No activity shall result in accelerated erosion or sedimentation with the                 buffer strip. This Article does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas, are limited to the minimum area necessary.         C.      At distances seventy_five (75) feet, or greater  horizontal distance, from the normal high_water line of any body of water, tributary stream, or the upland edge of a wetland, there shall be allowed on any lot, in any ten (10) year period, selective cutting of not more than forty (40) percent of the volume of trees four (4) inches or more in diameter, measured 4 1/2  feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation. For the purposes of these standards volume may be considered to be equivalent to basal area.  In no event shall cleared openings for any purpose , including but not limited to   principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate, 25% of the lot area within the Shoreland Zone or ten thousand (10,000) square feet, whichever is greater, including land previously cleared. This provision shall not apply to the Dock Square and Riverfront Zones.         D.      Where natural vegetation is removed, it shall be replaced with other vegetation that is equally effective in retarding erosion and preserving natural beauty.                  E.      Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged, except as allowed by this Ordinance.   Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of this section. 5.5     Construction of Beaches A.      Construction of a beach on any great pond, river, stream, brook or coastal          wetlands shall require a permit from the Department of Environmental          Protection. 5.6     Erosion and Sedimentation Control A.  All activities which involve filling, grading, excavation or other similar activities       which result in               unstablized soil conditions and which require a permit shall also require a written soil erosion and        sedimentation control plan. The plan  shall be submitted to the permitting authority for approval            and shall include, where applicable, provisions for: Mulching and revegetation of disturbed soil. Temporary runoff control features such as hay bales, silt fencing or diversion ditches. Permanent stabilization structures such as retaining walls or riprap. B.      In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be      required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.         C.      Erosion and sedimentation control measures shall apply to all aspects of the                 proposed project involving land disturbance, and shall be in operation during                 all stages of the activity. The amount of exposed soil at every phase of                 construction shall be minimized to reduce the potential for erosion.     D.      Any exposed ground area shall be temporarily or permanently stabilized within one (1) week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures.  In all cases permanent stabilization shall occur within nine (9) months of the initial date of exposure.  In addition: 1.      Where mulch is used, it shall be applied at a rate of at least one (1) bale per five hundred             (500) square feet and shall be maintained until vegetation      is established. 2.              Anchoring the mulch with netting, peg and twine or other suitable method                                   may be required to maintain the mulch cover. 3.      Additional measures shall be taken where necessary in order to avoid  siltation into the water.       Such measures may include the use of staked hay bales and/or silt fences.         4.      Lagooning shall be conducted in such a manner as to avoid creation of                  fish trap conditions.         5.      Fill shall be stabilized according to accepted engineering standards. 6.      Fill shall not restrict a natural drainage way, a flood way, or destroy the storage capacity of a         flood plain. Sides of a channel or artificial waterway shall be stabilized to prevent         slumping. 8.      Sides of channels or artificial watercourses shall be constructed with slopes of two (2) feet horizontal to one (1) foot vertical or less steep, unless bulkheads or rip-rapping are used. E.      Natural and man-made drainage ways and drainage outlets shall be protected from erosion from water flowing through them.  Drainage ways shall be designed and constructed in order to carry water from a twenty-five (25) year storm or greater, and shall be stabilized with vegetation or lined with rip-rap.   5.7     Essential Services Where feasible, the installation of essential services shall be limited to         existing public ways and existing service corridors. The installation of essential services, other than dry hydrants for drawing water for fire protection purposes and other road-side distribution lines, is not allowed within seventy_five (75) feet of the normal high water mark of a stream (exclusive of those areas within two hundred and fifty (250) feet of the upland edge of tidal water, or the upland edge of a       freshwater or coastal wetland) or in the Resource Protection or Stream Protection Zone.                Notwithstanding this general prohibition, the installation of essential services shall be allowed        to provide services to a permitted use within said areas, if the applicant can demonstrate that        no reasonable alternative exists.  Where permitted, such structures and facilities shall be               located so as to minimize any adverse impacts on surrounding uses and resources, including        visual impacts. Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit. 5.8     Historical and Archaeological Sites A.      Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority.  The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application. 5.9     Mineral Exploration and Extraction A.      Mineral exploration to determine the nature of extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than one hundred (100) square feet of ground surface.  A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measure, so as to restore disturbed areas and to protect the public health and safety. B.      Mineral extraction may be permitted under the following conditions:         1.      A reclamation plan shall be filed with, and approved, by the Planning                                      Board before a permit is granted. Such plan shall describe in detail                                       procedures to be undertaken to fulfill the requirements of paragraph 4.                                       below. 2.      No part of any extraction operation, including drainage and runoff control features, shall be permitted within seventy-five (75) feet, horizontal distance, of the normal high-water line of any body of water, tributary stream, or the upland edge of a wetland. Extraction operations shall not be permitted within fifty (50) feet, horizontal of any property line, without        written permission of the owner of such adjacent property. 3.      Developers of new gravel pits along Significant River Segments shall demonstrate that no reasonable mining site outside the Shoreland Zone exists. When gravel pits must be located within the zone, they shall be set back as far as practicable from the normal high-water line and no less than seventy five (75) feet and screened from the river by existing vegetation. 4.      Within twelve (12) months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than one hundred (100) cubic yards of materials are removed in any consecutive twelve (12) month period, ground levels and grades shall be established in accordance with the following: All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be buried or covered on-site.  See NOTE below. The final graded slope shall be two and one-half to one (2 1/2:1) slope or flatter. Top soil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project. 5.      In keeping with the purposes of this Ordinance, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operation on surrounding uses and resources. NOTE: The State of Maine Solid Waste Laws, the solid waste management rules, Chapters 400-419 of the Department of Environmental Protection’s regulations may contain other applicable provisions regarding disposal of materials. 5.10    Parking Areas Parking areas in the Shoreland Zone must satisfy the Town_wide parking requirements set forth in Articles 6.9 and 6.10. In addition, the following requirements shall apply in the Shoreland Zone:         A.      Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the zone in which such areas are located, except that parking areas for water dependent uses may be located no less than twenty_five (25) feet,  horizontal         distance, from the shoreline.  The setback for public boat launching facilities shall be no less than fifty (50) feet, horizontal distance, from the shoreline or tributary stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.         B.  Parking areas shall be adequately sized for the proposed use and shall be designed to prevent storm water runoff from flowing directly into a body of water, tributary stream or wetland and where feasible, to retain all runoff on_site. C.      Parking space:  Dimensional Requirement: ten (10) feet wide and twenty (20) feet long, except parking spaces for a vehicle and boat trailer shall be forty (40) feet long.       5.11    Piers, Docks, Wharves, Bridges and Other Structures and Uses extending over or below the normal high water line of a body of water or within a wetland. A.  Any new permanent, temporary, or material expansion or alteration of a pier, dock, wharf, bridge, or other structure or use extending over or below the normal high water line of a body of water or within a wetland shall require a Site Plan Review and approval by the Planning Board.  Any new permanent structure, or expansion thereof, shall require a permit from the Department of Environmental Protection (DEP) pursuant to the Natural Resources Protection Act, 38 M.R.S.A. Section 480-C.  Permits may also be required from the Army Corps of Engineers if located in navigable waters.  Applicants shall also be required to obtain, when necessary, other approvals including, but not limited to, U. S. Fish and Wildlife Service, Maine Departments of  Inland Fisheries and Wildlife, Marine Resources, Conservation, and the Board of Selectmen.  The applicant shall present a copy of a submerged land lease from the Maine Bureau of Public Lands, if applicable.  The Board of Selectmen, in  consultation with the Harbormaster and the Waterfront Advisory Committee having jurisdiction, shall review and approve the proposed project according to the procedures and standards set forth in 38 M.R.S.A. Section 1021 through 1027, before the application may be submitted to the Planning Board.         B.  In addition to all required Federal or State permits, structures and uses shall also conform to the following:                 1.      For the purpose of the protection of property against flood and/or storm     damage and the protection of identified sensitive environmental habitats,  accessory residential piers, docks, wharves, walkways, ramps or floats shall not be permitted in any areas identified as Velocity Zones as shown on the most recent Flood Insurance Rate Map produced by FEMA or as determined by FEMA via the Letter Of Map Amendment process(LOMA).          2.      No new permanent, temporary or material alteration of a pier, dock, wharf, bridge, or other structure shall be permitted within the wildlife habitat of species considered endangered or threatened by the Maine Department of Inland Fisheries and Wildlife or the U. S. Fish and Wildlife Service.                 3.      Piers, docks, wharves, walkways, ramps and floats shall be constructed to meet the standards for "Appurtenant Structures" as set forth in FEMA 55, Coastal Construction Manual, third edition, June 2000, or as amended.  The area of a float or floats shall not exceed 200 square feet, except that when shared by two or more abutting property owners as delineated in 5.11.B.4., two such  floats may be used.                 4.      Accessory residential piers, docks, wharves, walkways, ramps or floats   require the lot to have a minimum of 60 feet of shore frontage.  If a property owner does not meet this standard, the applicant may co-apply with an abutter or abutters, and must demonstrate that in combination with such abutting property, this standard will be met.  The agreement for partitioning, maintenance, and repair costs, outlining pier location and partitioning access, including any property easements, must be recorded with the York County Registry of Deeds in the deeds of all affected properties.  Once a property owner has entered into a shared pier agreement, that property owner forfeits the right to build his or her own pier, or to enter into an agreement with another abutter for a second pier.   Subdivisions and Condominium Homeowner Associations with 60 feet or more of frontage are allowed to build only one pier and if the frontage is at least 100 feet may have a maximum of two floats.                                                  5.      No portion of a pier or float shall be within 25 feet of a property line or property line extension seaward, unless the pier is a shared pier as per 5.11.B.4.                 6.      Access from the shore shall be developed on soils appropriate for such use and constructed so as to control erosion and avoid adverse impact on coastal or freshwater vegetation.  Any ramp, walkway or pier shall be at least one (1) foot above the ground, as measured from the lowest part of the structure.  Deck boards shall be a maximum of 6 inches in width and spaced one half (1/2) inch apart. Paint, stains and water proofing shall be applied in accordance with EPA standards as not to contaminate surrounding areas.  Coastal banks shall be protected from erosion by the use of suitable stairs no wider than four (4) feet.                 7.      The location of any structure shall not interfere with existing developed or               natural beach areas, nor impede legitimate passage along a beach.                 8.      The facility shall be located so as to minimize adverse effects on fisheries.                 9.      The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the  area.        A noncommercial ramp, pier, walkway, dock or wharf shall not be wider than four (4) feet. Pairs of pilings or supports shall be no closer than ten (10) feet.                 10.     Lighting shall be to illuminate walkways, ramps and floats only.  Spotlights and floodlights or any other fixture that casts a direct beam are specifically prohibited.                 11.     No new structure shall be built on, over or abutting a pier, dock, or other structure extending beyond the normal high waterline of a body of water or  within a wetland unless the structure requires direct access to the body of  water or wetland as an operational necessity.         12.     New permanent piers and docks on non tidal waters shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit has been obtained from the DEP, pursuant to the Natural Resources Act, 38 M.R.S.A. Section 480-C.                 13.     No existing structures built on or over a pier, dock, wharf or other                    structure extending beyond the normal high waterline of a body of water               or within a wetland shall be converted to residential dwelling units in any               district.                14.     Except in the Riverfront and Dock Square Districts, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high waterline of a body of water or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.                 15.     Any accessory residential pier, walkway, dock or wharf, including ramps and floats, shall be no longer than a total length of 100 feet nor extend more than one fifth (1/5) of the way across a body of water.  The Planning Board may, upon review, modify the length requirement if it is demonstrated that no other reasonable alternative exists to provide water access. 16. Off-season storage of temporary floats, ramps or walkways must be on     upland areas so as to not damage marine or freshwater vegetation.           Caution must be exercised to avoid damage to shoreline banks and          shoreline vegetation. Ramps may be stored on piers or docks.  All stored  items must be properly and safely secured so as not to become a wind or  wave borne hazard in a severe storm or hurricane. 17. Accessory residential piers, docks, wharves, walkways, ramps and floats   shall not be used for any commercial purposes, other than permitted         commercial fishing or lobstering conducted by the landowner.         18.     Enlargements, alterations, repairs, or the rebuilding of nonconforming  piers, docks, walkways, wharves, ramps or floats shall be governed by the provisions  of Article 8 of this ordinance. 5.12    Roads and Driveways The following standards shall apply to the construction of all roads and/or driveways and drainage systems, culverts and other related features in the Shoreland Zone:   A.      All roads and driveways shall be set back at least seventy_five (75) feet, horizontal distance from the upland edge of bodies of water, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than fifty (50) feet, horizontal distance, upon a clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the body of water, tributary stream or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the body of water, tributary stream, or wetland. On slopes of greater than twenty (20) percent the road and/or driveway setback shall be increased by ten (10) feet, horizontal distance, for each five (5) percent increase in slope above twenty (20) percent. This paragraph does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures, and facilities located nearer to shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses.   Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this Article except that portion of the road or driveway necessary for direct access to the structure. B.      Existing public roads may be expanded within the legal road right_of_way regardless of its setback form a body of water, tributary stream or wetland.                 C.      New roads and driveways are prohibited in the Resource Protection Zone except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the zone. A road or driveway may also be approved by the Planning Board upon a finding that no reasonable alternative route or action is available outside the zone. The road and/or driveway shall be set back as far as practicable from the upland edge of a body of water, tributary stream, or upland edge of a wetland. D.      Road crossings of watercourses shall be kept to the minimum number necessary. E.      Road and driveway banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 5.6. F.      Road and driveway grades shall be no greater than ten (10) percent except for segments of less than two hundred (200) feet.                 G.   In order to prevent road and driveway surface drainage from directly entering bodies of water, tributary streams or wetlands, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least fifty (50) feet plus two times the average slope in width between the outflow point of the ditch or culvert and the normal high water mark of a body of water, tributary stream, or upland edge of a wetland. Road surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip. H.      Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway or ditch.  To accomplish this, the following shall apply: 1.      Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road or driveway at intervals no greater than indicated in the following table:            Grade                Spacing                                 (Percent)                (Feet)                   0_2                            250             3_5                         200_135            6_10                               100_80                                           11_15                                80_60                                           16_20                                60_45                                             21+                                  40          2.        Drainage dips may be used in place of ditch relief culverts only where the         grade is ten (10) percent or less.         3.      On sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed at approximately a thirty (30) degree angle downslope from a line perpendicular to the centerline of the road or driveway.         4.    Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning and their inlet and outlet ends shall be stabilized with appropriate materials.         I.      Bottoms of culverts shall be installed at streambed levels. .       J.      All cut or fill banks and areas of exposed mineral soil shall be revegetated or                 otherwise stabilized as soon as possible.         K.      Bridges or culverts of adequate size and design shall be provided for all road                 crossings of water courses which are to be used when surface waters are unfrozen.  The requirement for a bridge or culvert may be waived by the Planning Board upon a finding that it is not required to meet the standards contained in this Ordinance regarding erosion, sedimentation, and drainage. Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning. 5.13    Septic Waste Disposal                 A.      All subsurface disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater disposal Rules, and the following: Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not extend closer than one hundred fifty (150) feet, horizontal distance from the upland edge of a body of water or wetland, unless installed under the provisions of Article 5.13A 4. A holding tank is not allowed for a first-time residential use in the Shoreland Zone.                         3.      Replacement of an existing subsurface wastewater disposal system is authorized if the replacement is required by law and there is no suitable area further away from the upland edge of a body of water or wetland.                         4.      Installation of a new subsurface wastewater disposal system field, including fill extensions, shall be permitted no closer than one hundred fifty (150) feet, horizontal distance from the upland edge of a body of water for first-time development on lots within the Shoreland Zone, unless no reasonable alternative exists as determined by the Licensed Plumbing Inspector.  If no other reasonable alternative exists the Licensed Plumbing Inspector may reduce the setback requirement to no less than 100 feet upon a clear showing that appropriate measures will be taken to minimize any negative impacts to the body of water. Soils         A.      All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial developments and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine Certified Soil Scientist, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soils and surrounding land and water areas, maximum ground water elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitation where they exist.                 See also Article 6.3 Soil Suitability – Town Wide Regulations                  5.15    Storm Water Runoff         A.      All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of storm waters.         B.      Storm water runoff control systems shall be maintained as necessary to ensure proper function. 5.16    Water Quality 1.      No activity shall deposit on or into the ground or discharge to the waters of the State any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the body of water tributary stream or wetland. 2.      No person shall convert a seasonal dwelling to a year_round or principal dwelling without first obtaining a seasonal conversion permit from the Local Plumbing Inspector. 5.17     Timber Harvesting A.      In a Resource Protection Zone abutting a great pond, timber harvesting shall be limited to the following: Within the strip of land extending seventy-five (75) feet, horizontal distance, inland from the normal high-water line, timber harvesting may be conducted when the following conditions are met:                         a.         The ground is frozen;                         b.       There is no resultant soil disturbance;                 c.       The removal of trees is accomplished using a cable or boom and                          there is no entry of tracked or wheeled vehicles into the 75-foot                          strip of land;                 d.    There is no cutting of trees less than 6 inches in diameter; no                               more than 30% of the trees 6 inches or more in diameter,                                     measured at 4  feet above ground level, are cut in any 10-year                                     period; and a well-distributed stand of trees and other natural                                 vegetation remains; and e.      Licensed Professional Forester has marked the trees to be                       harvested prior to a permit being issued by the municipality.          Beyond the seventy-five (75) foot strip referred to in Section 5.17.A above, timber harvesting is permitted in accordance with paragraph 2 below except that in no case shall the average residual basal area of trees over  4  inches in diameter at 4  feet above ground level be reduced to less than thirty (30) square feet per acre.         B.      Except in areas as described in Section 5.17.A above, timber harvesting shall conform with the following provisions: Selective cutting of no more than forty (40) percent of the total volume of trees four (4) inches or more in diameter measured at 4  feet above ground level on any lot in any ten (10) year period is permitted.  In addition: Within one hundred (100) feet, horizontal distance, of the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA and within seventy-five (75) feet, horizontal distance, of the upland edge of bodies of water, tributary streams, or the upland edge of a wetland, there shall be no clear cut openings and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.                         b. At distances greater than one hundred (100) feet, horizontal                                             distance from a great pond classified GPA or a river flowing to a                                            great pond classified GPA and greater than seventy-five (75) feet,                                              horizontal distance, from the normal high-water line of other                                      bodies of water or the upland edge of a wetland, harvesting                                             operations shall not create single clear-cut openings greater than                                            ten thousand (10,000) square feet in the forest canopy.  Where                                                  such openings exceed five thousand (5,000) square feet they shall                                  be at least one hundred (100) feet, horizontal distance, apart.  Such                                    clear cut openings shall be included in the calculation of total                                             volume removal. Volume may be considered to be equivalent to                                                 basal area.         2.      Timber harvesting operations exceeding the 40% limitation in subparagraph a. above may be allowed by the Planning Board upon a clear showing, including a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management and will be carried out in accordance with the purpose of this Ordinance.  The Planning Board shall notify the Commissioner of the Department of Environmental Protection of each exception allowed, within fourteen (14) days of the Planning Board’s decision. No accumulation of slash shall be left within fifty (50) feet, horizontal distance, of the normal-high water line of a body of water. In all other areas slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four (4) feet above the ground.  Any debris that falls below the normal high-water line of a body of water or tributary stream shall be removed.          4.             Timber harvesting equipment shall not use stream channels as travel                                                     routes except when:      Surface waters are frozen; and   The activity will not result in any ground disturbance. 5.          All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.             6.         Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream.  Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.             7. Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located so that an unscarified strip of vegetation of at least seventy-five (75) feet, horizontal distance, in width for slopes up to ten (10) percent shall be retained between the exposed mineral soil and the normal high-water line of a body of water or upland edge of a wetland.  For each ten (10) percent increase in slope, the unscarified strip shall be increased by twenty (20) feet, horizontal distance.  The provisions of this paragraph apply only to a face sloping toward the body of water or wetland, provided, however, that no portion of such exposed mineral soil on a back face shall be closer than twenty-five (25) feet, horizontal distance, from the normal high-water line of a body of   water or the upland edge of a wetland.          Anticipatory Repeal of Municipal Timber Harvesting Regulation In accordance with Title 38 M.R.S.A. section 438-B, it is the intent of the Town to cease municipal regulation of timber harvesting activities in the Shoreland Zone when statewide timber harvesting standards go into effect, at which time the State of Maine Department of Conservation’s Bureau of Forestry shall administer and enforce those standards within the Town.  Accordingly, upon notification by the State that statewide timber harvesting standards have gone into effect, the Town shall, at the next annual or special town meeting, authorize the repeal of all provisions in this Ordinance (including but not limited to Sections 5.17.A and 5.17.B above) that regulate timber harvesting activities within the Shoreland Zone, and shall notify the Director of the Bureau of Conservation of the repeal. NOTE:  The statutory date established under 38 M.R.S.A. section 438-A (5) is the effective date of state-wide timber harvesting standards.  That date is “the first day of January of the 2nd year following the year in which the Commissioner of Conservation determines that at least 252 of the 336 municipalities identified by the Commissioner of Conservation as the municipalities with the highest acreage of timber harvesting activity on an annual basis for the period 1992-2003 have either accepted the state-wide standards or have adopted an ordinance identical to the state-wide standards.” 38 M.R.S.A. section 438-A (5) further provides that “the Commissioner of Conservation shall notify the Secretary of State in writing and advise the Secretary of the effective date of the state-wide standards.” ARTICLE 6   TOWN WIDE REGULATIONS 6.1     General Provisions A.      No structures shall be erected or used, and no lot shall be used or divided, unless in conformity with the provisions of this Ordinance. All structures and lots, and uses of structures and lots, which fail to conform with the provisions of this Ordinance are prohibited, except as provided herein. B.      All structures, as defined in this Ordinance, 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 Protections 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  ten (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;     c.  An awning or   tent for  a specific  event (limited to 6 days)  for  which a Town permit has been issued; 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.    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 water bodies 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 Ordinance 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 Ordinance 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 Ordinance 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 thirty (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 Ordinance, regardless of size shall be used for the purpose of computing lot area or any size, setback, frontage, or density requirement of this Ordinance. 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 Ordinance 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 Ordinance, 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 of any size, setback, frontage or density requirement of this Ordinance. This section is not intended to circumvent the operation of laws relating to pre-existing non-conformities or other laws affecting the use and/ or development of lots that do not meet the current minimum lot size requirements in this Ordinance. H.      If a lot in separate ownership is reduced in area or dimension below the minimum lot size or lot width requirements of this Ordinance 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 Ordinance; 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. 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 two and one half (2 1/2) stories or thirty five (35) feet in building height as measured from the average elevation of the original ground level on all sides within twenty (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 two and one half (2 1/2) stories or thirty (30) feet in building height as measured from the average elevation of the original ground level on all sides within twenty (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, chimneys, church steeples, water towers, flagpoles, windmills, or antennae 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. 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. 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 ground waters 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. 6.5     Dust, Fumes, Vapors and Gases 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. 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. 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. 6.7     Construction in Flood Hazard Areas In areas designated within the 100- year flood plain, all new construction, additions, and modifications to existing structures, including piers, docks, wharves, bridges and causeways, shall conform to the Town's Flood Plain Management Ordinance. 6.8     Outdoor Display No merchandise, banners, displays or similar objects shall be permitted on or about the outside of structures except signs permitted by Section 6.12 of this Ordinance and yard sales on residential property for no more than three (3) days in any ninety (90) day period. 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 (3) consecutive days in any ninety (90) day period for special promotional events involving more than three (3) merchants. 6.9     Off Street Parking and Loading - Non Residential A.      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. 1.     &nbs