Is the Kittery Town Code user friendly?

Codes, codes, codes. we write them, have public comment on them and then we enact them or in other words, place them into effect and then they lay there unused.

Codes that cover noise, (roosters, fireworks etc) litter laws, (keeping your yard like a junk yard), leash laws (dogs running at large in areas that prohibit this) Litter (carry in carry out) and the list is long.

Sometimes, searching for them will leave you frustrated. Take for instance the flag sign ordinance, floating signs, inflatable signs, temp signs, feather flag signs are supposedly banned by code and business along State Road and Route 1 have been told to remove them. Yet on Dennett Rd, the new 300 apartment complex is proudly flying four of them advertising their apartment availability. I was recently asked, “Why does the State rd. businesses get hammered but the Dennett rd. business appear to be exempt?”. If you try to find the code on the feather flags, it is hard to locate. There are references to it but nothing appears to directly speak to it.

Below are excerpts from the planning board minutes and definitons.

The planning board and the code once said around 2019 with a 4-3 vote!

I reached out to the Town Manager and below is her response which came back right away, and I might add and even on the weekend.

Sent: Sunday, October 1, 2023 9:17:34 AM
To: Kendra Amaral <KAmaral@kitteryme.org>Chuck,

Thank you for passing on the question.  I’ll have Code take a look.  The rules for real estate signs (lease, sale, rent) are different than for other signs, but a quick look the photo it appears at the very least they have too many per that section of code. 

I’m happy to respond to the resident with the question if you pass along their info. We can also have Code talk with them so they get accurate info and make the connection of who they can talk with if they have further questions or to pass on other examples of possible violations. 

Thank you,

Kendra

Sent: Sunday, October 1, 2023 4:06 PM
To: Kendra Amaral <KAmaral@kitteryme.org>

Hi Chuck,

To help you be accurate in your blog, here is the link to the Town Code.  This is what the Code Enforcement Officers use for their work.  I’ve also attached both the most current version of the Town Code Title 16 Definitions, and Title 16 Signs for your convenience.  Please note, zoning code is based on uses not people; meaning there are different rules for different uses, all of which can be found in the Town Code.

As you know, we get tips from time to time regarding possible violations or questions.  We follow-up on the tips, and, if a violation is found, work with the property owners to ensure they come into compliance.  Doesn’t matter who they are.  In this case, the Code Enforcement Officer is reviewing the situation and will address with the property owner any violations that may exist.  As I noted in my email this weekend, at the least it appears they have too many signs per the code relative to property sale, lease, or rental.

And again, please encourage people who have questions, or want to provide a tip of possible violation please have them contact the Code Enforcement team.  Our team tries to respond to people quickly, follow-up on any tips of potential violations, and answer questions with accurate information.    

If you have any questions, please let me know.

Thank you,

Kendra

It has been two weeks and the flags are still there. I would suggest that if you’re a business in Kittery and want feather flags, reach out to the Code Enforcement Office. 207-439-0452. The caller was given the Towns Code enforcement number.

On 10-20-2023, I discovered the flags have been removed.