ARTICLE II - DEFINITIONS

Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:

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 lines of the subject touch or enclose the abutting property.

Apartment, Accessory: A separate dwelling unit which may be located within a single-family dwelling, or a detached accessory structure as permitted under Article 7.1 of this Ordinance.

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.

BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees Celsius, expressed in milligrams per liter.

Board of Selectmen: The duly elected Board of Selectmen of the Town of Kennebunkport.

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 Drain: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside walls of the building and conveys it to the building sewer. The building drain extends eight (8) feet outside the inner face of the building wall.

Building Sewer or Building Connection: The extension from the building drain to the public sewer or other place of disposal. The building sewer is the responsibility of the owner of the building from the building to the sewer main in the street or from the building to the grinder pump chamber.

Campground: Any area or 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.

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.

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.

Combined Sewer.: A sewer intended to receive both wastewater and storm or surface water.

Company: Any industrial or commercial establishment with a liquid waste discharge.

Connection fee: A charge established for the connection of any building or property to a sanitary, combined or interceptor sewer within the town. The purpose of the connection fee is to ensure that new users and current users with change of use or increased flows bear a reasonably proportionate share of the cost of capital expenditures necessary to replace and upgrade sewer facilities in order to maintain excess capacity within the system.

Deputy Director of Public Works: Shall have all the duties and powers of the Director of Public Works when he or she is unavailable.

Director of Public Works: The Director of the Public Works Department for the Town of Kennebunkport, or his or her duly authorized deputy, agent, representative or inspector.

Dwelling: Any building or structure or portion thereof, as referred to in the Land Use Ordinance, containing one or more dwelling units, but not including a motel, hotel, inn, or similar unit.

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.  Recreational vehicles are not residential dwelling units.  Within any Shoreland Zone, term “dwelling unit” shall include seasonal rental units which meet the above definition, regardless of the time-period rented.

Easement: An acquired legal right for the specific use of land owned by others.

Family: One or more persons occupying a dwelling unit and living together as a single housekeeping unit where all occupants use and access to all living and eating areas, bathroom and food preparation and serving areas.

Foundation: The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frost walls, or other base consisting of concrete, block, brick or similar materials.

Frontage on the Sewer shall exist if the public sewer line passes between the side lot lines of the property in question, as determined by drawing perpendicular lines across the roadway from the points of intersection of the property side lot lines.

Garbage: Solid waste from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.

Garbage, Properly Shredded: The wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.

Gas Station: A business establishment selling fuel and related products for motor vehicles.

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.

Industrial Wastes: The liquid waste from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

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 to the general public.

Lot: An area of land in one (1) ownership, or one (1) leaseholder with ascertainable boundaries established by deed or other instrument of record, or a segment of land ownership defined by a lot boundary lines on a subdivision plan duly-approved by the Planning Board and recorded in the York Country Registry of Deeds.

Lot Frontage: The horizontal distance measured in a straight line connecting the intersection of the front lot line with the side lot lines.

Lot Lines: The property lines bounding a lot as defined below:

  1. Front Lot Line: On an interior lot the line separating the lot from the right of way containing a street or private road providing vehicular access to the lor or capable of providing vehicular access to the lot. On a corner or through lot, the line separating the lot from each right-of-way containing the street or private road providing vehicular access to the lot.
  2. 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.
  3. Side Lot Line: Any lot line other than the front lot line or rear lot line.

Motel: See Hotel.

Natural Outlet: Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

Owner: The person or persons, natural or corporate, in whom for the time being title is vested in real property situated in the Town.

Person: Any individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having joint or common interest, or other legal entity.

pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Public Sewer: A common sewer in which all owners of abutting properties have equal rights and is controlled by public authority. The term "public sewer" shall include the Town of Kennebunkport Wastewater Treatment Plant and Public Sewer System main line only, not the house services.

Pollutant shall include but is not limited to dredged spoil, solid waste, junk, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or by-products, heat, wrecked or discarded equipment, rock, sand, dirt, and industrial, municipal, domestic, commercial, or agricultural waste of any kind.

Restaurant: An establishment where food and drink are prepared and served to the public and where no food or beverages are served directly to the occupants of motor vehicles.

Sanitary Sewer: A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

Selectmen: The duly elected members of the Town of Kennebunkport Board of Selectmen.

Sewage: A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments.

Sewage Works: Facilities for collecting, pumping, treating, and disposing of sewage.

Sewer: A pipe or conduit for carrying sewage.

Sewer Extension: Any addition to the public sewers of the Town of Kennebunkport whether located in a public way or on private property and whether constructed at public or private expense, provided that the term "sewer extension" shall not include building sewers and connections governed by Article V.

Sewer Unit: The source of sewage classified by land use and activity calculated to determine sewer connection fees and service charges.

Shall is mandatory; "may" is permissive.

Slug: Any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes more than two (2) times the average twenty-four (24) hour concentration of flows during normal operation.

Storm Drain or Storm Sewer: A sewer, which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than, unpolluted cooling water.

“Septic 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 Title 38 M.R.S.A. § 414, any surface waste water disposal system, or any municipal or quasi-municipal sewer or waste water treatment system.

“Superintendent.” The Superintendent of the Water Pollution Control Facilities of the Town of Kennebunkport is Deputy Director of Public Works or his/her duly-authorized deputy, agent, representative or inspector.

Suspended Solids: Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, which are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Waste and Wastewater" published by the American Public Health Association and referred to as non-filterable residue.

Town: The Town of Kennebunkport, County of York, State of Maine.

Watercourse: A channel in which a flow of water occurs, either continuously or intermittently.

Water Pollution Control Facility: The arrangement of devices and structures used for treating sewage and sludge (Wastewater Treatment Plant).